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“on-money”

Cash Credits & Unexplained ItemsSection 69BSection 69B1,574 judgments

The decision most relied on for on-money is CIT v. President Industries (258 ITR 654), cited in 471 judgments on BharatTax.

Leading authorities on on-money

CIT v. President Industries
258 ITR 654 · 2002 · High Court
471
citing judgments

When books of account are rejected and unaccounted sales or receipts are discovered, the income addition is restricted to the net profit element embedded in these undisclosed transactions, not the entire sale proceeds or receipts, especially if corresponding purchases are not proven to be outside the books.

CIT v. Balchand Ajit Kumar
263 ITR 610 · 2003 · High Court
212
citing judgments

When making an addition for unaccounted receipts, on-money, or non-genuine purchases/sales, the addition should be restricted to the estimated profit element embedded in such transactions, rather than the entire gross amount, particularly when evidence of corresponding expenditure is incomplete. This estimation often involves applying a net profit rate.

CIT v. Girish Chaudhary
296 ITR 619 · 2008 · High Court
175
citing judgments

Additions to income cannot be made solely based on "dumb documents" or vague loose papers seized during a search that merely indicate rates without specific corroborative material linking them to the assessee's unaccounted transactions. The presumption under Section 292C may not apply to such documents.

Principal Commissioner Income Tax, Central-2 v. Umesh Ishrani
108 Taxmann.com 437 · 2019 · High Court
168
citing judgments

An addition to income cannot be made solely based on entries in loose papers found during a search without conducting any independent inquiry or verification from the alleged seller or developer. Reliance solely on digital records without corroborative evidence is insufficient for an addition.

CIT v. Maulikkumar K. Shah
307 ITR 137 · 2008 · High Court
166
citing judgments

Additions on account of on-money receipts cannot be justified solely based on loose papers or 'sauda-chithis' without evidence of actual payment or a clear indication of a completed transaction within those documents.

CIT v. Gurubachhan Singh J. Juneja
302 ITR 63 · 2008 · High Court
147
citing judgments

When unaccounted receipts or suppressed sales are detected and books of account are rejected under Section 145(3), additions to income must be restricted to the profit element embedded in such transactions, not the entire transaction value. This profit element is to be estimated by considering the assessee's regular profit ratio as per books of account.

CIT v. Shivakami Co. (P.) Ltd.
159 ITR 71 · 1986 · Supreme Court
133
citing judgments

The burden of proving an understatement of consideration or the receipt of 'on-money' lies solely with the Revenue, which must provide cogent evidence of actual receipt of higher consideration, beyond mere estimates or suspicion. Additions cannot be made based on assumptions like differences from circle rates without such evidence.

Man Mohan Sadani v. CIT
304 ITR 52 · 2008 · High Court
132
citing judgments

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.

Judgments citing on-money

Income Tax Officer, Jamnagar vs. Nilesh Bipinchandra Mehta, Jamnagar

In the result, the appeal of the assessee is allowed

ITA 750/RJT/2024[2011-12]Status: DisposedITAT Rajkot02 Apr 2025AY 2011-12

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकर अपील सं./Ita No. 750 /Rjt/ 2024 (निर्धारण वर्ष / Assessment Year: (2011-12) (Hybrid Hearing) The Ito, Jamnagar Vs. Nilesh Bipinchandra Mehta Prop. Of B. J. Industries Tej Prakash Society, P. N. Marg Jamnagar 361001, Gujarat India स्थायी लेखासं./जीआइआरसं./Pan/Gir No.: Aaqpm8295H (Appellant) (Respondent) Appellant By : Shri Chetan Agarwal, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/01/2025 घोषणा की तारीख/Date Of Pronouncement : 02/04/2025 आदेश / Order Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld. Cit(A)”] Vide Order Dated 21.08.2024, Which In Turn Assessment Order Passed By Assessment Unit, Income Tax Department / Assessing Officer Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short “The Act"). 1

For Appellant: Shri Chetan Agarwal, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 143(3)Section 147Section 148

Shri Mukeshkumar Vrajlal Akbari 9 but no evidence could be brought on record by Revenue to show that in fact assessee had paid 'on-money' to developers, and no document containing signature of assessee or handwriting of assessee to corroborate above making of payment by assessee was found during course

Sanskar Nagar, Jhansi vs. Additional Commissioner of Income Tax, Kanpur

Appeals stands allowed

ITA 346/AGR/2024[2016-17]Status: DisposedITAT Agra28 Mar 2025AY 2016-17

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.351/Agr/2024 (िनधा"रणवष" / Assessment Year: 2014-15) & 2. आयकरअपीलसं./ Ita No.352/Agr/2024 (िनधा"रणवष" / Assessment Year: 2015-16) & 3. आयकरअपीलसं./ Ita No.353/Agr/2024 (िनधा"रणवष" / Assessment Year: 2016-17) & 4. आयकरअपीलसं./ Ita No.354/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 5. आयकरअपीलसं./ Ita No.349/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19; Smc Bench) & 6. आयकरअपीलसं./ Ita No.346/Agr/2024 (िनधा"रणवष" / Assessment Year: 2016-17; Smc Bench) & 7. आयकरअपीलसं./ Ita No.347/Agr/2024 (िनधा"रणवष" / Assessment Year: 2016-17; Smc Bench) & 8. आयकरअपीलसं./ Ita No.348/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18; Smc Bench) & 9. आयकरअपीलसं./ Ita No.350/Agr/2024

For Appellant: Shri Suresh Gupta (CA) – Ld. ARFor Respondent: Shri Sukesh Kumar Jain – Ld. CIT DR
Section 143(3)Section 153ASection 153CSection 153DSection 271D

seized material during the course of assessment proceedings and their combined statements were recorded u/s 131(1) wherein they admitted to have received on-money on sale of plots. 2.2 In this background, a notice u/s 153A was issued to the assessee on 13-05-2019 and the assessee filed ... search on assessee group. In post search proceedings, a combined statement was recorded from the three partners wherein they admitted to have received on-money on sale of plots. We find that Ld. AO has referred to incriminating material in the shape of notebooks marked as Annexure

Sunil Chauhan, Agra vs. DCIT Centre Circle Agra, Agra

The appeals stand partly allowed

ITA 148/AGR/2024[2014-15]Status: DisposedITAT Agra28 Mar 2025AY 2014-15

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.148/Agr/2024 (िनधा"रणवष" / Assessment Year: 2014-15) & 2. आयकरअपील सं./ Ita No.165/Agr/2024 (िनधा"रणवष" / Assessment Year: 2015-16) & 3. आयकरअपील सं./ Ita No.149/Agr/2024 (िनधा"रणवष" / Assessment Year: 2016-17) & 4. आयकरअपील सं./ Ita No.152/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 5. आयकरअपील सं./ Ita No.153/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Shri Sunil Chauhan Dcit Central Circle बनाम/ 9/47, Pokhar Para Agra Vs. Gali Agra 282 003 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Alvpc-9479-M (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Deependra Mohan (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Arun Kumar Yadav – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28.03.2025

For Appellant: Shri Deependra Mohan (CA) – Ld. ARFor Respondent: Dr. Arun Kumar Yadav – Ld. CIT-DR
Section 143(3)Section 153ASection 44A

assessment was framed. The assessee sold certain plots at ‘Shree Shyamji Enclave’ and on the basis of incriminating material, Ld. AO alleged receipt of on-money for Rs.383.25 Lacs by the assessee through sale of plots during AYs 2014- 15 to 2018-19. After considering assessee’s submissions ... return of income filed in response to notices issued u/s 153A wherein the assessee had considered the registered sale price as well as on-money as the business receipts. Similar assessments were framed for other years. 3. The substantive findings of Ld. CIT(A) are contained in para 6.20 onwards