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Documents citing Commissioner Of Income-Tax vs Kerala Road Lines Corporation on 28 October, 1985

Impact Metals Ltd.,, Hyderabad vs Assessee on 9 October, 2012

In the case of CIT Vs. Kerala Road Lines Corporation [1986] 162 ITR 669, the Hon'ble Kerala High Court has held that the burden is on the assessee to support the entries made in his books of account, and the department has no onus to disprove until assessee has submitted satisfactory explanation for the credit entries. Further, it is to mention that, without prejudice to the above, the onus becomes important only where the material collected do not indicate a positive inference either way. The general proposition of law is that the law relating to burden of proof becomes relevant only where there is no evidence on either side or such evidence is available equally. However, where facts are fully investigated, the matter may not have to be decided on the basis of burden of proof but on established facts.
Income Tax Appellate Tribunal - Hyderabad Cites 25 - Cited by 0 - Full Document

Sri.Phinu Thomas, Trivandrum vs The Ito, Wd-3,, Trivandrum on 26 November, 2019

7. We have heard the rival submissions and perused the material on record. In this case, the assessee claimed that it generated Rs.10,05,000/- on sale of gold jewellery which was not in his possession. The Assessing Officer summoned the parties who purchased the gold from the assessee. From the sworn statements of 11 I.T.A. No. 316/Coch/2018 the parties, it was seen that these persons had very meager income, it cannot be said that these persons whose statements were recorded u/s. 131 of the Act having such income could purchase gold from the assessee. The burden is on the as to prove the credits with reliable evidence in support of the generation of funds by way of sale of gold jewellery. Therefore, in the absence of the sources of the parties to make the said purchase of gold from the assessee, it cannot be said that the assessee has discharged the onus cast upon him. As held by the Jurisdictional High Court in the case of CIT vs. Kerala Road Lines Corporation (162 ITR 669), the burden is on the assessee to support the entries made in the books of accounts, and the revenue has no onus to disprove, until the assessee has submitted satisfactory explanation for credit entries. It was held that when, apart from the entries in the books of the assessee, the only other evidence was the statement by the assessee himself regarding the alleged credits and alleged creditors in the statements which showed that they did not have the source to give the amount in question and there was no supporting evidence towards the same.
Income Tax Appellate Tribunal - Cochin Cites 5 - Cited by 0 - Full Document
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