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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

Ram Mohan Rao Darumagari, Secunderabad vs. Income Tax Officer, Ward-15(1), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 467/HYD/2019[2008-09]Status: DisposedITAT Hyderabad22 Jan 2025AY 2008-09

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.467/Hyd/2019 (िनधा"रण वष"/Assessment Year: 2008-09) Shri Ram Mohan Rao Vs. Income Tax Officer Darumagari, Secunderabad Ward-15(1) Pan:Agapd7084P Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.466/Hyd/2019 (िनधा"रण वष"/Assessment Year: 2008-09) Late Vanaja Darumagari Vs. Income Tax Officer L/R Shri Ram Mohan Rao Ward-15(1) Darumagari, Secunderabad Hyderabad Pan:Akqpd6499Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Arun Lal, Ca राज" व "ारा/Revenue By:: Shri Kumar Pranav, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 21/11/2024 घोषणा की तारीख/Pronouncement: 22/01/2025 आदेश/Order Per Vijay Pal Raothese Two Appeals By The Husband & Wife Are Directed Against Two Separate Orders Dated 10/01/2019 Of The Learned Cit (A)-7, Hyderabad For The A.Y.2008-09. The Issues

For Appellant: Shri Arun Lal, CAFor Respondent: : Shri Kumar Pranav, CIT(DR)
Section 132Section 139Section 148Section 69

information received, M/s. Raja Rani Developers had purchased a land worth of Rs.3.35 crores vide deed dated 10.10.2007 against the actual on-money transaction worth Rs. 15.45 crores. Later, a land worth of Rs. 1.39 Crores was transferred to the above 3 partners on 24.9.2009 as part of dissolution

Late Vanaja Darumagari L/R Ram Mohan Rao Darumagari, Hyderabad vs. Income Tax Officer, Ward-15(1), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 466/HYD/2019[2008-09]Status: DisposedITAT Hyderabad22 Jan 2025AY 2008-09

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.467/Hyd/2019 (िनधा"रण वष"/Assessment Year: 2008-09) Shri Ram Mohan Rao Vs. Income Tax Officer Darumagari, Secunderabad Ward-15(1) Pan:Agapd7084P Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.466/Hyd/2019 (िनधा"रण वष"/Assessment Year: 2008-09) Late Vanaja Darumagari Vs. Income Tax Officer L/R Shri Ram Mohan Rao Ward-15(1) Darumagari, Secunderabad Hyderabad Pan:Akqpd6499Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Arun Lal, Ca राज" व "ारा/Revenue By:: Shri Kumar Pranav, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 21/11/2024 घोषणा की तारीख/Pronouncement: 22/01/2025 आदेश/Order Per Vijay Pal Raothese Two Appeals By The Husband & Wife Are Directed Against Two Separate Orders Dated 10/01/2019 Of The Learned Cit (A)-7, Hyderabad For The A.Y.2008-09. The Issues

For Appellant: Shri Arun Lal, CAFor Respondent: : Shri Kumar Pranav, CIT(DR)
Section 132Section 139Section 148Section 69

information received, M/s. Raja Rani Developers had purchased a land worth of Rs.3.35 crores vide deed dated 10.10.2007 against the actual on-money transaction worth Rs. 15.45 crores. Later, a land worth of Rs. 1.39 Crores was transferred to the above 3 partners on 24.9.2009 as part of dissolution

Shital Dhorda, Mumbai vs. ITO-22(3)(1), Mumbai

In the result the appeal filed by the assessee stands allowed

ITA 4625/MUM/2023[2012-13]Status: DisposedITAT Mumbai14 Jan 2025AY 2012-13

Bench: Shri Sandeep Gosainvs. Ito – 22(3)(3) Shital Dhorda 408, Piramal Chambers 1002, 10Th Floor, Lalbaug, Mumbai – Vibgyor, S.V. Road, 400012. Santacruz (W), Mumbai – 400054. Pan/Gir No. Ajvpd0456H (Applicant) (Respondent) Assessee By Shri Snehal Shah Revenue By Shir Vithal Machindra Bhosale, Sr. Dr सुनवाई क" तारीख/Date Of Hearing 16.12.2024 घोषणा क" तारीख/Date Of Pronouncement 14.01.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order Dated 04.07.2023, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The Learned Commissioner Of Income Tax (Appeals) / National Faceless Appeal Centre, Delhi (‘Ld. Cit(A)’), For The Assessment Year 2012-13. The Assessee Has Raised The Following Grounds Of Appeal:

Section 131Section 132Section 143(3)Section 250

While framing the assessment under section 143(3) r.w.s 147 of the act, the AO made additions of Rs.32,28,750/- on account of ‘on-money’ paid by the assessee to the builder i e Natraj Realtors for allotment of the 4 Shital Dhorda, Mumbai residential unit and this addition ... prevalent and adopted by the stamp duty authorities. Hence, there was no occasion for the assessee to make any cash payment on account of ‘on-money’ to the builder, it was also submitted that merely relying upon the information received from the Investigation Wing Mumbai, AO made the additions without

Pradyumna Agros Private Limited, Hyderabad vs. ACIT., Central Circle-2(4), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 1033/HYD/2024[2020-21]Status: DisposedITAT Hyderabad10 Jan 2025AY 2020-21

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1033/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2020-21) Pradyumna Agro Private Vs. Acit Limited Central Circle-2(4) Hyderabad Hyderabad [Pan : Aajcp4282H] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri M.V.Prasad & Shri K.S.Rajendra Kumar, Ar Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 09/12/2024 घोर्णध की तधरीख/Date Of 10/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.09.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)]-12, Hyderabad, Pertaining To A.Y.2020-21 On The Following Grounds : 1. The Order Of The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad Is Erroneous & Opposed To The Facts Of The Case & Law.

For Appellant: Shri M.V.Prasad &
Section 132Section 153CSection 153C(1)Section 69

Ld.CIT(A) erred in upholding the addition of Rs.4,65,40,000/- made u/s 69 of the Act towards alleged on-money payments in cash for purchase of land and buildings of MNR Dairy Farms' 6. The Ld.CIT(A) erred on facts in holding that the on- money payments ... erred in failing to consider that the 3 finding of the Assessing officer that it is evident from the seized material that the on-money payments were made during the previous year relevant to A.Y 2020-21 is factually incorrect and that the said finding is based on a mere