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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

Gopi Saurabh Patwa, Ahmedabad vs. The CIT(It & Tp) Now PCIT-3, Ahmedabad

ITA 776/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.775 & 776/Ahd/2024 "नधा"रण वष" /Assessment Years : 2015-16 & 2017-18 Respectively Gopi Saurabh Patwa The Cit (It & Tp), A-26 Aryaman Bungalows बनाम/ Now Pcit-3 Next To Railway Crossing- Ahmedabad V/S. -Thaltej-Shilaj Road, Shilaj Ahmedabad – 380 059 (Gujarat) "थायी लेखा सं./Pan: Agrpp 8059 P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Vartik Chokshi, Ar Revenue By : Shri H. Phani Raju, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 03/09/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri H. Phani Raju, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 144BSection 147Section 148

reason for re-opening the assessment u/s.148 of the Act, as stated in the order(s) of the Ld.PCIT, was the allegation of "on-money" payments made by the assessee for the purchase of Unit No.122 in the "Kalhaar Blues and Greens" (KBG) Project developed by Navratna Organizers and Developers ... information was based on a report from the Investigation Wing which indicated that, during a search operation on NODPL, the builder admitted to receiving "on-money" in cash payments for the sale of villas. An excel file found during the search reportedly showed details of these cash payments

Gopi Saurabh Patwa, Ahmedabad vs. The CIT (It & Tp) Now PCIT-3, Ahmedabad

ITA 775/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.775 & 776/Ahd/2024 "नधा"रण वष" /Assessment Years : 2015-16 & 2017-18 Respectively Gopi Saurabh Patwa The Cit (It & Tp), A-26 Aryaman Bungalows बनाम/ Now Pcit-3 Next To Railway Crossing- Ahmedabad V/S. -Thaltej-Shilaj Road, Shilaj Ahmedabad – 380 059 (Gujarat) "थायी लेखा सं./Pan: Agrpp 8059 P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Vartik Chokshi, Ar Revenue By : Shri H. Phani Raju, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 03/09/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri H. Phani Raju, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 144BSection 147Section 148

reason for re-opening the assessment u/s.148 of the Act, as stated in the order(s) of the Ld.PCIT, was the allegation of "on-money" payments made by the assessee for the purchase of Unit No.122 in the "Kalhaar Blues and Greens" (KBG) Project developed by Navratna Organizers and Developers ... information was based on a report from the Investigation Wing which indicated that, during a search operation on NODPL, the builder admitted to receiving "on-money" in cash payments for the sale of villas. An excel file found during the search reportedly showed details of these cash payments

Hemantkumar Mansukhlal Soni, HUF, Ahmedabad vs. The ITO, Ward-1(3)(1), Ahmedabad

In the result, appeal of the assessee is allowed

ITA 519/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad04 Sept 2024AY 2017-18

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2017-18 Hemantkumar Mansukhlal Soni, Huf Ito, Ward-1(3)(1) 2254 Mahurat Pole Vs Ahmedabad. Manekchowk Ahmedabad-380001. Pan : Aabhh 1182 F (Applicant) (Responent) : Assessee By Shri S.N. Divatia, Ar & Shri Samir Vora, Ar Revenue By : Ms.Saumya Pandey Jain, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 18/06/2024 घोषणा क" तारीख /Date Of Pronouncement: 04/09/2024 आदेश/O R D E R आदेश आदेश आदेश Per Annapurna Guptathis Is Assessee’S Appeal Against The Order Of The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi Dated 27.04.203 15.3.2023 Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act” For Short) For The Assessment Year 2017-18. 2. The Grounds Raised In The Appeal Are As Under:

For Respondent: Ms.Saumya Pandey Jain, Sr.DR
Section 10(38)Section 147Section 250Section 68

been routed in its books of account, and without bringing on record any corroborating material or evidence, to substantiate the source and generation of 'on-money' 9 by the assessee, is in contravention of the well settled and established position of Law. The mere presumption that since the assessee ... earned long term capital gain, which is exempt as per law, therefore, the assessee must have earned some on-money/unaccounted income, is not at all in conformity with the established legal jurisprudence in this regard. 14. Our attention was also drawn to the copy of DEMAT account