Man Mohan Sadani v. CIT

304 ITR 52High Court2008#772 most cited

What is Man Mohan Sadani v. CIT authority for?

When assessing income from undisclosed or unrecorded sales, the entire sale proceeds cannot be added to the assessee's income; instead, only the net profit embedded in such unaccounted sales, determined by applying the assessee's net profit rate, should be taxed.

132

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2025.

Also referred to as

Man Mohan Sadani v. CIT · undisclosed sales income · unaccounted sales addition · net profit rate application · entire sale proceeds not to be added · Section 153A search assessment · Section 132 search and seizure · best judgment assessment undisclosed sales · on-money income computation · rejection of books of account profit rate · 304 ITR 52

Issues it is cited on

Judgments citing Man Mohan Sadani v. CIT

M/S Agroha Ornaments, Gwalior vs. ACIT., Central, Gwalior

ITA 135/AGR/2019[2017-18]Status: DisposedITAT Agra28 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.135/Agr/2019 (िनधा"रणवष" / Assessment Year: 2017-18) M/S Agroha Ornaments Acit (Central) बनाम/ Solid Gold Plaza, Sarafa Bazar Gwalior Vs. Lashkar, Gwalior 474011 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abgfa-1001-J (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपील सं. / Ita No.586/Agr/2019 (िनधा"रणवष" / Assessment Year: 2017-18) Acit (Central) M/S Agroha Ornaments बनाम/ Gwalior Solid Gold Plaza, Sarafa Bazar Vs. Lashkar, Gwalior 474011 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abgfa-1001-J (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Shri Ashok Vijayawargiya (Ca) – Ld. Ar Revenue By : Shri Sukesh Kumar Jain – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 20-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025

For Appellant: Shri Ashok Vijayawargiya (CA) – Ld. ARFor Respondent: Shri Sukesh Kumar Jain – Ld. CIT-DR
Section 132(1)Section 132(4)Section 142(1)Section 153ASection 69A

…from the date of search. The Ld. CIT(A) held that entire sales could not be held to be profit of the assessee as per the decision of Hon’ble MP High Court in the case of CIT vs. Balchand Ajit Kumar (263 ITR 610) and also in the case of Manmohan Sadani vs CIT (304 ITR 52). In these decisions, it was held that total sales could not be regarded as the profit of the assessee rather it was net profit rate which was to be adopted in such cases. Reliance was placed on various other judicial decisions to support this conclusion. Therefore, Ld. AO erred in adding the entire cash deposit which was generated out of recorded…

ACIT, Central Circle, Alwar vs. Sh. Tara Chand Gupta, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 514/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Mar 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम ACIT, Vs. Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Kesh

For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR a
Section 143(3)Section 68Section 69C

…investment to make the alleged unaccounted receipts/sales. Only net profit rate can be applied on unaccounted sales/receipts. AO not justified in making further addition as the undisclosed income offered by assessee covers such amount. Mohan Sadhani Vs. CIT 304 ITR 52 (MP) Held that entire sale proceeds cannot be added to income, only NP rate to be adopted. CIT Vs. Balchand Ajit Kumar 263 ITR 610 (MP) The facts of this case were that in a search conducted at the business and residential premises of the assessee, it was found that there were credit sales which were not reflected in the books of account. On Sh.…

Sh. Tarachand Gupta, Alwar vs. ACIT, Central Circle, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 449/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Mar 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम Vs. ACIT, Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Ke

For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR a
Section 143(3)Section 68Section 69C

…investment to make the alleged unaccounted receipts/sales. Only net profit rate can be applied on unaccounted sales/receipts. AO not justified in making further addition as the undisclosed income offered by assessee covers such amount. Mohan Sadhani Vs. CIT 304 ITR 52 (MP) Held that entire sale proceeds cannot be added to income, only NP rate to be adopted. CIT Vs. Balchand Ajit Kumar 263 ITR 610 (MP) The facts of this case were that in a search conducted at the business and residential premises of the assessee, it was found that there were credit sales which were not reflected in the books of account. On Sh.…

Vasant Nivrutti Zimur, Thane vs. Income Tax Officer, WD-17(2)(4), Mumbai

In the result the appeal filed by the assessee is partly allowed and appeal of the revenue is dismissed

ITA 1693/MUM/2024[2017-18]Status: DisposedITAT Mumbai24 Feb 2025AY 2017-18

Bench: Hon’Ble Shri Sandeep Gosain & Shri Prabhash Shankarvs. Ito, Ward – 17(2)(4) Vasant Nivrutti Zimur, Room No. 112, 1St A 401, Osho Siddharth Floor, Kautilya Osho Dhara Residency, Bhavan, Bkc, Godrej Hill Road, Bandra Khandakpada, Kalyan West 421301. Pan/Gir No. Aagpz4209C (Applicant) (Respondent) Ito, Ward – 28(3)(1) Vs. Vasant Nivrutti Zimur, 316, 3Rd Floor, No.6, A 401, Osho Siddharth Vashi Rlw Stn Complex, Osho Dhara Residency, Vashi, Mumbai - 400703 Godrej Hill Road, Khandakpada, Kalyan West - 421301. Pan/Gir No. Aagpz4209C (Applicant) (Respondent)

Section 131Section 133(6)Section 144Section 147Section 148Section 250Section 69A

…each case. In the present case net profit rate of five per cent has been applied. It is not appropriate that the same requires to be enhanced. It is high. In any case, it cannot be said that there has been perversity of approach." c) Man Mohan Sadani vs. CIT 304 ITR 52 (MP- High court) "Entire sale proceeds of the assessee cannot be added to his income for assessing income from undisclosed sales; net profit rate has to be applied." d) Kachwala Gems vs. JCIT 288 ITR 10 (SC) "It is well settled that in a best judgment assessment there is always a certain degree of guesswork. No doubt the authorities concerned shou…