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Additions Based on WhatsApp Chats Third-Party Statements Deleted – No Evidence, No Cross-Examination

Case Law Details

TaxGuru Citation
2026 taxguru.in 4584
Case Name
Vikas Vilas Rasal Vs ACIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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Vikas Vilas Rasal Vs ACIT (ITAT Mumbai)

Additions Based on WhatsApp Chats Third-Party Statements Deleted – No Evidence, No Cross-Examination

Mumbai ITAT delivered a comprehensive ruling deleting multiple additions made during search assessment, emphasizing that unverified digital evidence and third-party statements cannot sustain additions without corroboration.

The Tribunal held:

  • WhatsApp chats have no evidentiary value without proper Section 65B certification and cannot be sole basis for addition
  • Addition of ₹15 lakh (alleged cash with Vilas Pawar) was deleted as:
    • No linkage established with assessee
    • Messages did not indicate assessee’s ownership of funds
    • No independent inquiry conducted
  • Major addition relating to Parekh Ornaments (₹1.20 crore sustained by CIT(A)) was fully deleted because:
    • Based on retracted statements u/s 132(4) & third-party statements
    • No cross-examination provided despite request
    • No supporting seized material furnished to assessee
    • Assessee provided plausible explanation with documentary backing
  • Professional income of spouse (₹16.67 lakh):
    • Cannot be taxed again in assessee’s hands
    • Double taxation not permissible, especially when already declared and accepted in spouse’s return
  • Agricultural income issues:
    • Assessee proved agricultural activities with land records, bills, and evidence
    • Only 10% estimation sustained, rest deleted
    • Additions in respect of family members’ agricultural income fully deleted as baseless

The ITAT emphasized:

  • Statements without corroboration = weak evidence
  • Cross-examination is crucial where reliance is placed on third-party statements
  • Additions cannot be made on presumption, suspicion, or incomplete evidence

Accordingly:

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

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