GST INDIA Biz
GST India .biz — Case Law Details
Detailed GST Case Law Information

Chandra Khilwani vs. Income Tax Officer, Ward-3(1)(4), Vadodara

Date of Order: February 20, 2026
Case Law No: GIB-ITAT-2025-09
Subject: Reassessment based on third-party Excel sheet – Sections 147, 148A(b), 148A(d), 144B of the Income Tax Act, 1961.
Description:

Facts:
The assessee, a retired school teacher, had not filed a return for AY 2019-20 as her income was below the taxable limit. During a survey under Section 133A conducted in the premises of a builder group, an Excel sheet allegedly showing cash payments for purchase of shops contained the assessee’s name and PAN. Based on this information, the Assessing Officer issued notice under Section 148A(b) alleging cash payment and reopened the assessment under Section 147, making an addition of ₹13,00,000.


Court Decision:
The Tribunal held that the Assessing Officer relied solely on an Excel sheet found during survey without establishing any correlation between the entries in the sheet and the assessee. The sheet related to a different project and period, whereas the assessee purchased a shop in 2021 and made payments through cheque. The developer also confirmed through a notarized affidavit that no cash payment was received from the assessee.
The Tribunal observed that an unsigned Excel sheet found from a third party without corroborative evidence cannot be treated as proof of a cash transaction. As the Assessing Officer failed to substantiate the alleged cash payment or correlate the seized document with the assessee, the addition of ₹13,00,000 was deleted and the appeal of the assessee was allowed.


Cases Referred by Court:
•    PCIT (Central) vs. Kaushik Nanubhai Majithia, Tax Appeal No. 20 of 2024, Gujarat High Court (06.03.2024).
 

Other Case Law

Radha Krishan Industries v. State of Himachal Pradesh & Ors

Validity of provisional attachment of receivables under Section 83 of the HPGST Act, 2017 whether maintainable under Article 226 and whether conditions precedent were strictly fulfilled.

BACKGROUNDRadha Krishan Industries, a lead manufacturer registered under GST sin...

Read More
Bhandari Scrap Traders v. Union of India & Ors.

Validity of Section 16(2)(c) CGST Act on ITC where supplier fails to pay tax.

BackgroundThe matter arose from the judgment of the Gujarat High Court in SCA No...

Read More
Cargotec India Pvt. Ltd. vs. Commissioner of GST & Central Excise

Whether refund of unutilized CENVAT Credit under Rule 5 of the CENVAT Credit Rules, 2004 on export of IT Software Services can be denied on the grounds of (i) services rendered from unregistered premises, and (ii) absence of nexus between input services a

BACKGROUND The appellant, a 100% Export Oriented Unit operating under the S...

Read More