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“on money receipt”

Cash Credits & Unexplained ItemsSection 69BSection 69B350 judgments

The decision most relied on for on money receipt is Kale Khan Mohammad Hanif v. CIT (50 ITR 1), cited in 581 judgments on BharatTax.

Leading authorities on on money receipt

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

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.

Sahney Steel and Press Works Ltd. v. CIT
228 ITR 253 · 1997 · Supreme Court
429
citing judgments

A subsidy is treated as a revenue receipt if the assessee is free to use the money in its business as it likes and is not obligated to spend it for a specific capital purpose, such as acquiring assets or repaying loans.

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.

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.

Glass Lines Equipments Company Ltd. v. CIT
253 ITR 454 · 2002 · High Court
150
citing judgments

The Assessing Officer cannot selectively accept parts of a statement or seized evidence that are favourable to the revenue while rejecting other parts favourable to the assessee without proper investigation; the evidence must be considered as a whole. Additions cannot be made based on mere presumptions or surmises without further inquiry.

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.

Judgments citing on money receipt

M\S. Lexico Ceramics, Rajkot vs. The Pr. CIT-1, Rajkot

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

ITA 1/RJT/2023[2015-16]Status: HeardITAT Rajkot12 May 2023AY 2015-16

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalassessment Year : 2015-15 M/S Lexico Ceramics, C/O Kalpesh S. Doshi & Co., Vs Principal Commissioner Of Chartered Accountants, Income-Tax-1, 1006-09, The Spire-2, Near Sheetal Rajkot Park Brts Stop, 150 Ft. Ring Road, Rajkot-360005 Pan : Aaefl 8870 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Kalpesh Doshi, Ar Revenue By : Shri Shramdeep Sinha, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 19/04/2023 घोषणा की तारीख /Date Of Pronouncement: 12/05/2023 आदेश/O R D E R Per Waseem Ahmed, Am :

For Appellant: Shri Kalpesh Doshi, ARFor Respondent: Shri Shramdeep Sinha, CIT-DR
Section 142(1)Section 143(3)Section 263Section 263(1)

held that where Pr. CIT passed a revised order after making addition to assessee's income under section 69A in respect of on- money receipts, however, said order was set aside by Tribunal holding that AO had made detailed enquiries in respect of such on-money receipts and said view ... revised order under section 263 on ground that Assessing Officer had failed to carry out proper inquiries with respect to assessee's on money receipt. In appeal, the Tribunal took a view that Assessing Officer had carried out detailed inquiries which included assessee's on-money transactions and Tribunal, thus