Banker's Books Evidence Act s.2(8) — the law in short
What the courts have decided on section Banker's Books Evidence Act s.2(8), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Tara Kejriwal v DDIT (Inv.)
ITATHelps taxpayerNo later treatment found
The assessment rests on bank statements the department got from a foreign tax authority. They are uncertified and parts are blacked out. Do they prove anything?
Not by themselves. The Kolkata Bench allowed all three appeals and deleted additions of about Rs 2.52 crore based on four accounts with BNP Paribas, Geneva standing in the names of foreign companies. Copies of bank records that no bank has certified, with portions darkened beyond legibility, have to be corroborated by other evidence before they can establish that the assessee held an asset abroad; passport entries showed the assessee was not in Switzerland when the accounts were opened, and naming in an account opening form did not make him the beneficial owner.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.
