On-Money. (i) Abhi Developers v. ITO

12 SOT 444Income Tax Appellate Tribunal2007#10103 most cited

What is On-Money. (i) Abhi Developers v. ITO authority for?

When an assessee opts for presumptive taxation under Section 44AD and does not maintain books of account, the Assessing Officer cannot invoke Section 68 to add alleged unexplained cash credits to the returned income, especially if the returned income is declared as per Section 44AD provisions.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2016 to 2025.

Also referred to as

Abhi Developers v. ITO · section 44AD · section 68 · presumptive taxation · books of account · returned income · AO powers

Sections most often in play

Section 139(1)Section 143(3)Section 68Section 133ASection 142(1)(i)Section 144Section 144CSection 147

Issues it is cited on

section 44adsection 44section 133section 133asection 132(4)undisclosed incomesection 13previous yearsection 142(1)section 25businessprescribed

Judgments citing On-Money. (i) Abhi Developers v. ITO

Manoj Kumar Khubani, Barmer vs. Dc Cen Cir 2 Jdh, Jodhpur

In the result, stands ALLOWED

ITA 376/JODH/2023[2018-19]Status: DisposedITAT Jodhpur24 Jun 2025AY 2018-19

Bench: DR. MITHA LAL MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

Section 143(3)Section 250

…/2013 dated 19/09/2016  ITAT, Indore Bench in the case of Ajit Singh Melhotra vs. ACIT ITA No. 63/IND/2019 dated 22/10/2020  ITAT Indore in Alankar Jewelers vs. DCIT in ITA No.992/Ind./2019 dated 30/04/2021  ITAT Ahmedabad in Abhi Developers vs. ITO (2007) 12 SOT 444 (Ahd)  ITAT Jaipur in the case of Jai Singh Yadavvs. ACIT in ITA No.125/JPR/2022 dated 15/06/2022  CIT v. Dhingra Metal Works [2011] 196 Taxman 488/9 taxmann.com 83,(Del.)  ITO v. Vijay Kumar Kesar [2010] 327 ITR 497 (Chhattisgarh)  CIT v. Diplast Plastics Ltd. [2010] 327 ITR 399/186 Taxman 317 (Punj. & Har.). wherein it has been held that it…

Jatin Arora, New Delhi vs. ITO Ward-30(5), New Delhi

In the result, appeal of the assessee is allowed as indicated above

ITA 1833/DEL/2023[2012-13]Status: DisposedITAT Delhi30 May 2025AY 2012-13

Bench: Shri Shamim Yahya & Shri Sudhir Pareek

For Appellant: Ms. Rano Jain, AdvFor Respondent: Shri Om Parkash, Sr. DR
Section 139(1)Section 142(1)Section 143(3)Section 147Section 148Section 234BSection 44ASection 68

…to maintain books, the provisions of section 68 could not be invoked where assessee had filed return of income under the provisions of section 44AD without maintaining books of account. 6.4 The Ld. AR relied upon the decision in Abhi Developers v. ITO [2007] 12 SOT 444 (ITAT Ahmedabad), wherein it was held that the 7 ITA No.-1794/Del/2023 Dhanuka Agritech Ltd. AO has no power to assess anything in excess of returned income if it is according to 44AD. 6.5 The Ld. AR has also submitted that the assessee had declared income from business of Rs. 4,56,697/- on total business receipts of Rs. 55,49,170/-. The breakup…

M/S. Atri Developers, Ahmedabad vs. The Dy. Commissioner of Income Tax, Circle-3(3), Ahmedabad

Appeal is dismissed

ITA 2859/AHD/2016[2013-14]Status: DisposedITAT Ahmedabad23 Jul 2024AY 2013-14

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2013-14 The Dcit, Cir.3(3) M/S.Atri Developers Ahmedabad. Vs 19, Ambalal House Mayur Park Society Satellite Road Ahmedabad. Pan : Aatfa 1086 D Assessment Year : 2013-14 M/S.Atri Developers The Dcit, Cir.3(3) 19, Ambalal House Vs Ahmedabad. Mayur Park Society Satellite Road Ahmedabad. Pan : Aatfa 1086 D

For Appellant: Shri Mohit Balani, ARFor Respondent: Shri Prateek Sharma, Sr.DR
Section 133ASection 250

…y" receipts in respect of booking of flats, the entire receipts on account of On-Money would not be undisclosed income of the appellant, but only net profit rate could be applied on such unaccounted receipts on account of On-Money. (i) Abhi Developers vs. ITO 12 SOT 444 (Ahd.) (ii) Abhishek Corporation vs. DCIT 63 TTJ 651 (Ahd.) (iii) DCIT vs. Pramukh Builders 112 ITD 179 (Ahd.)(TM). ITA No.2855 and 2859/Ahd/2016 15 In the present case before me, the Appellant has already offered amount of Rs.2,97,00,000/- in its Profit & Loss account for 57 flats already booked / sold till the date of survey for the year under…

The Dy. Commissioner of Income Tax Circle-3(3), Ahmedabad vs. M/S. Atri Developers, Ahmedabad

Appeal is dismissed

ITA 2855/AHD/2016[2013-14]Status: DisposedITAT Ahmedabad23 Jul 2024AY 2013-14

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2013-14 The Dcit, Cir.3(3) M/S.Atri Developers Ahmedabad. Vs 19, Ambalal House Mayur Park Society Satellite Road Ahmedabad. Pan : Aatfa 1086 D Assessment Year : 2013-14 M/S.Atri Developers The Dcit, Cir.3(3) 19, Ambalal House Vs Ahmedabad. Mayur Park Society Satellite Road Ahmedabad. Pan : Aatfa 1086 D

For Appellant: Shri Mohit Balani, ARFor Respondent: Shri Prateek Sharma, Sr.DR
Section 133ASection 250

…y" receipts in respect of booking of flats, the entire receipts on account of On-Money would not be undisclosed income of the appellant, but only net profit rate could be applied on such unaccounted receipts on account of On-Money. (i) Abhi Developers vs. ITO 12 SOT 444 (Ahd.) (ii) Abhishek Corporation vs. DCIT 63 TTJ 651 (Ahd.) (iii) DCIT vs. Pramukh Builders 112 ITD 179 (Ahd.)(TM). ITA No.2855 and 2859/Ahd/2016 15 In the present case before me, the Appellant has already offered amount of Rs.2,97,00,000/- in its Profit & Loss account for 57 flats already booked / sold till the date of survey for the year under…

Smt. Aruna, Bangalore vs. Income-Tax Officer, Ward-1(2)(2), Bangalore

In the result, appeal of the assessee is dismissed

ITA 537/BANG/2024[2017-18]Status: DisposedITAT Bangalore22 Apr 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Year: 2017-18

For Appellant: Shri Sukruth N. Segu, A.RFor Respondent: Shri Ganesh R. Ghale, Standing Counsel for department
Section 139(1)Section 142(1)Section 142(1)(i)Section 144Section 144CSection 44ASection 68

…S. Bakkiam Vs. ITO Ward-1, Namakkal (ITA No.1404/Chennai/2019 dated 12.9.2019) - CIT Vs. Jain Construction Co. & others (1999) 156 CTR (Raj) 290. - Balaji Construction vs. ACIT (2000) 66 TTJ (Pune) 718; (2000) 72 ITD 559 (Pune) - Abhi developers v. ITO (2007) 12 SOT 444 (Ahd) 3.4 He submitted that in all the above cases, the principle is, a) The amount taxable is the net income based on percentage of receipts, on case-to-case basis and not the gross receipts completely. b) Presumptive taxation is allowed for eligible assessee. (Assessee is eligible assessee and benefit has to be given). 3.5 He submitted that even…

Balupuri Ashupuri Goswami, Mumbai vs. ITO Ward 31.1.3, Now (14.4.1., Mumbai

ITA 2360/MUM/2023[2014-2015]Status: DisposedITAT Mumbai22 Jan 2024AY 2014-2015

Bench: Shri Kuldip Singh & Shri Amarjit Singhassessment Year: 2014-15

For Appellant: Shri Devendra Jain, A.RFor Respondent: Shri Ajay Singh, Sr. D.R

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Assessment Year: 2014-15 M/s. Balupuri Ashupuri Income Tax Officer, Goswami, Ward-31.2.3 (Now 14.4.1 135/1080, Mumbai) Motilal Nagar No.10, Vs. Kautilya Bhavan, Opp. Saibaba Mandir, Mumbai – 400 051 Goregaon, Navi Mumbai – 400 104 PAN: AEQPG7250J (Appellant) (Respondent) Present for: Assessee by : Shri Devendra Jain, A.R. Revenue by : Shri Ajay Singh, Sr. D.R. Date of Hearing : 12 . 01 . 2024 Date of Pronouncement : 22 . 01 . 2024 O R D E R Per : Kuldip Singh, Ju…

Koshy John, New Delhi vs. ITO, Ward- 31(4), New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 6915/DEL/2018[2015-16]Status: DisposedITAT Delhi16 Apr 2019AY 2015-16
For Appellant: Sh. Ashwani Kumar, CAFor Respondent: Sh. S. L. Anuragi, Sr. DR
Section 250Section 44A

…the view that the Assessing Officer was right in treating this sum as income of the appellant. 6. Before me, the Authorized Representative of the assessee relied on the decision of Ahmadabad Bench of the Tribunal in the case of Abhi Developers Vs ITO (2007) 12 SOT 444 (Ahd.) where it was held as under: “The only base for the revenue to assess the 'on money' in its entirety was the statement of partner recorded during the course of survey. No evidentiary value could be attached to such statement unless it was supported by some material. Hence, there was no material with the department to make addition of 'on mon…

The Income Tax Offcer, Ward-6(4), Ahmedabad vs. Shri Vikram Mohanlal Rawal, Ahmedabad

In the result, the appeal is dismissed

ITA 3007/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad22 Nov 2017AY 2011-12

Bench: Shri Pramod Kumar] Assessment Year : 2011-12

Section 143(3)Section 44ASection 69

…SMC-ITA No. 3007/Ahd/2015 ITO Vs. Shri Vikram Mohanlal Rawal Assessment year: 2011-12 Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD [ Before Shri Pramod Kumar, Accountant Member ] Assessment Year : 2011-12 Income Tax Officer ......…………......Appellant Ward 3(2)(10), Ahmedabad Vs. Shri Vikram Mohanlal Rawal .......................Respondent 19, Akshar Bungalows, Near Smruti Mandir, Ghodasar, Ahmedabad - 380050 [PAN : ADAPR 1980 K] Appearances by: Santosh Karnani for the appellant Sunil Talati for the respondent Date of concluding the hearing : 22.11.2017 Date of pronouncing the order :…

Avinash Kumar Setia, New Delhi vs. DCIT, New Delhi

In the result, the Appeal filed by the Assessee stands allowed

ITA 1787/DEL/2013[2009-10]Status: DisposedITAT Delhi28 Apr 2016AY 2009-10

Bench: Shri H.S. Sidhu & Shri Prashant Maharishi

For Appellant: Sh. UN Marwah, FCAFor Respondent: Sh. Shravan Gotru, Sr. DR
Section 133ASection 142(1)Section 143(3)

…ion is required to be made for any adhoc declaration made by the assesse. And for this proposition of law we rely on the judgement :- b) Paul Mathew & Sons Vs CrT 263 ITR 10 I (KER) c) Sanjeev Kumar Pandhi Vs CIT 305 ITR 101(P&H) d) Abhi Developers Vs ITa. 12 SOT 444 (Ahm) In view of the above facts as informed earlier , no incriminating documents seized/found during the course of suggesting the undisclosed income nor any such documents were confronted by the assessing officer which can result into an addition of additional income of Rs 1.25 crore. Hence no such income was included and in view of the above f…

M/S. Iibs Infonet (P) Ltd., New Delhi vs. ACIT, New Delhi

In the result, the Appeal filed by the Assessee stands allowed

ITA 6509/DEL/2014[2010-11]Status: DisposedITAT Delhi08 Mar 2016AY 2010-11

Bench: Shri H.S. Sidhu & Shri Prashant Maharishi

For Appellant: Dr. Rakesh Gupta, Adv. & Sh. SomilFor Respondent: Sh. T. Vasanthan, Sr. DR
Section 133ASection 143(3)

…214 CTR 589 (Mad.). - Unitex Products Ltd. vs. ITO (2008) 22 SOT (Mumbai) - CIT vs. P. Balasubramanian 354 ITR 116 (Mad.) 3 - ITO vs. Ram Prakash ITA No. 61/Agra/2013 dated 18.7.2014. - Mahesh Ohri vs. ACIT 23 ITR (T) 522 - Abhi Developers vs. ITO (2007) 12 SOT 444 (Ahd.) - Ravinder Kumar vs. DCIT (2009) 33 SOT 251 (Del.) - DCIT vs. Premsons 37 DTR 150 (Mumbai ‘B’) - CIT vs. Digambar Kumar Jina (HUF) 84 DTR 365 (MP) - ACIT vs. Safe Enterprises (2011) 128 ITD 459 (Mum) 6.1 He also draw our attention towards the CBDT’s Letter issued vide F.No. 286/2/2003-IT (Inv) dated 10.3.2003 wherein it is mentioned th…

On-Money. (i) Abhi Developers v. ITO (12 SOT 444) — Cited in 10 Judgments | BharatTax