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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

Apurva Avarsekar, Mumbai vs. ACIT Cent. Cir. 8(2) (Erstwhile ACIT, Cent. Cir. - 45), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 720/MUM/2017[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

point to a reasonable conclusion that telescoping could be allowed as claimed by the appellant. The very fact of voluntary disclosure of on-money payment during search and subsequent offer of it in the return of income and the lack of evidence to support the contention of the appellant must

Kishore Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5469/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

point to a reasonable conclusion that telescoping could be allowed as claimed by the appellant. The very fact of voluntary disclosure of on-money payment during search and subsequent offer of it in the return of income and the lack of evidence to support the contention of the appellant must

Ashish Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5468/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

point to a reasonable conclusion that telescoping could be allowed as claimed by the appellant. The very fact of voluntary disclosure of on-money payment during search and subsequent offer of it in the return of income and the lack of evidence to support the contention of the appellant must

Pushpa Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5467/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

point to a reasonable conclusion that telescoping could be allowed as claimed by the appellant. The very fact of voluntary disclosure of on-money payment during search and subsequent offer of it in the return of income and the lack of evidence to support the contention of the appellant must

Shweta Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5466/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

point to a reasonable conclusion that telescoping could be allowed as claimed by the appellant. The very fact of voluntary disclosure of on-money payment during search and subsequent offer of it in the return of income and the lack of evidence to support the contention of the appellant must

Monika Anand Gupta, Mumbai vs. Income Tax Officer Ward 1(2), Kalyan

In the result, appeal is allowed

ITA 5561/MUM/2018[2011-12]Status: DisposedITAT Mumbai21 Apr 2022AY 2011-12

Bench: Issuing The Same Were Baseless & As Such, The Reassessment Proceedings In Pursuance Thereof Is Vitiated. 2) The Ld. Cit (A) Also Failed To Consider That The Impugned Order Is Passed Mechanically By The Ld. Assessing Officer Without Affording An Opportunity To The Appellant To Defend Her Case & As Such, The Same Is Liable To Be Annulled On Account Of Non Application Of Mind & Violation Of Principles Of Natural Justice. 3) The Ld. Cit (A) Also Failed To Consider That The Appellant Was Never Given Any Opportunity To Cross-Examine The Person Who Made The Statement Against The Appellant, Much Less, The Alleged Material Was Never Provided To Her & As Such, The Same Is Violation Of Principle Of Natural Justice. 4) The Ld. Cit (A) Lost Sight Of The Fact That Any Statement Made By & Person U/S. 132 [4] Cannot Be Used Against Any Third Person & Therefore

Section 132Section 132(4)Section 147Section 148

that information was received from the Dy. Director of Income Tax (Inv), Unit 1(4), Mumbai that assessee along with her husband, had paid on-money of Rs 8,00,000/-, against purchase of flat in building Horizon /Twilight, developed by Cosoms Group. In view of the above information ... order assessee is in appeal before ITAT. 6. I have heard both the parties and perused the record. I find that the addition for on-money payment has been done in this case without any corroborative material found from assessee. The addition is solely based upon some statement