| Case ID |
0540da51-b66a-4be5-93a7-8f44bd85e2ee |
| Body |
View case body. Login to View |
| Case Number |
M.I.T.A No. 5 OF 2003 |
| Decision Date |
Feb 05, 2003 |
| Hearing Date |
|
| Decision |
The Tribunal found that the assessee satisfactorily explained the cash credits in the books of account and discharged the burden of proof. The Department failed to provide any material or evidence to rebut the explanation given by the assessee. As a result, the cash credits were not deemed as income of the firm. The appeal was dismissed as no substantial question of law was found to arise from the Tribunal's order. |
| Summary |
In the case of Commissioner of Income Tax v. Mehrotra Brothers, the Madhya Pradesh High Court addressed the application of Section 263 of the Income-tax Act, 1961, concerning the revision of orders that are prejudicial to the revenue's interest. The Commissioner challenged the assessment order on grounds of inadequate inquiry into the genuineness of certain cash credits. However, the Tribunal determined that the assessee had adequately explained the cash credits and had met the burden of proof. The Department's failure to present evidence to counter the assessee's claims led to the conclusion that the cash credits were not income. Consequently, the appeal was dismissed, affirming the Tribunal's decision. This case highlights the importance of evidence in tax assessments and the burden of proof on the Department when challenging such assessments. |
| Court |
Madhya Pradesh High Court
|
| Entities Involved |
Not available
|
| Judges |
Dipak Mishra,
Shrivastava
|
| Lawyers |
Not available
|
| Petitioners |
Commissioner of Income Tax
|
| Respondents |
Mehrotra Brothers
|
| Citations |
2004 SLD 2924,
(2004) 270 ITR 157
|
| Other Citations |
Addl. CIT v. Bahri Brothers (P.) Ltd. [1985] 154 ITR 244 (Pat.),
Addl. CIT v. Hanuman Agarwal [1985] 151 ITR 150 (Pat.),
CIT v. Kohinoor Tobacco Products P. Ltd. [1998] 234 ITR 557 (MP),
CIT v. Orissa Corporation (P.) Ltd. [1986] 159 ITR 78 (SC),
CIT v. Ram Narain Goel [1997] 224 ITR 180 (P&H),
CIT v. Ram Prasad Ram Bhagat [1987] 163 ITR 202 (Pat.),
CIT v. Ratlam Coal Ash Co. [1988] 171 ITR 141 (MP),
CIT v. Shanti Swarup [2002] 255 ITR 655 (P&H),
CIT v. Shiv Shakti Timbers [1998] 229 ITR 505 (MP),
Gee Vee Enterprises v. Addl. CIT [1975] 99 ITR 375 (Delhi),
Malabar Industrial Co. Ltd. v. CIT [2000] 243 ITR 83 (SC),
Nanak Chandra Laxman Das v. CIT [1983] 140 ITR 151 (All.),
Shankar Industries v. CIT [1978] 114 ITR 689 (Cal.),
Sundar Lal Jain v. CIT [1979] 117 ITR 316 (All.)
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
263
|