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“Section 145(1)”

Section References (mined)Section 145Section 145(1)129 judgments

The decision most relied on for Section 145(1) is CIT v. Woodward Governor India Pvt. Ltd. (312 ITR 254), cited in 968 judgments on BharatTax.

Leading authorities on Section 145(1)

CIT v. Woodward Governor India Pvt. Ltd.
312 ITR 254 · 2009 · Supreme Court
968
citing judgments

Foreign exchange fluctuations, whether gains or losses, are inextricably linked to the underlying business transaction and must be accounted for under the mercantile system. The Supreme Court also affirmed the standard accounting principle of valuing stock at cost or net realisable value, whichever is lower.

CIT v. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

Kedarnath Jute Mfg. Co. Ltd. v. CIT
82 ITR 363 · 1971 · Supreme Court
654
citing judgments

Tax liability for an item of income or expenditure is determined solely by the provisions of the Income-tax Act. Entries in an assessee's books of account are not conclusive and do not govern the taxability or deductibility of an item, as the legal rights and obligations under the Act prevail.

Lalchand Bhagat Ambica Ram v. CIT
37 ITR 288 · 1959 · Supreme Court
570
citing judgments

Where an assessee maintains regular books of account, and these books are not rejected or found defective by the Assessing Officer, any cash deposits or available cash shown in the cash book, if sufficient to cover the transaction, cannot be treated as unexplained income or an addition under sections 68 or 69A.

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.

Vijay Proteins Ltd. v. Asst. CIT
58 ITD 428 · 1996 · ITAT
430
citing judgments

Where purchases are found to be non-genuine or fictitious, a reasonable disallowance of 25% of such purchases or the peak credit, whichever is higher, can be made. This is applied to address unexplained expenditure under Section 69C when actual goods are likely procured from the grey market.

United Commercial Bank v. CIT
240 ITR 355 · 1999 · Supreme Court
314
citing judgments

Liabilities accrued on a notional basis are allowable as deductions under the mercantile system of accounting even if their exact quantification or discharge is deferred to a future date or if the demand itself is disputed.

CIT v. Devi Prasad Vishwanath Prasad
72 ITR 194 · 1969 · Supreme Court
272
citing judgments

If there is an unexplained cash credit, the Assessing Officer can treat it as the assessee's income, even when the income is finalized on an estimation basis, without proving its specific source. The onus then shifts to the assessee to prove that the income represented by the cash credit has already been taxed.

Judgments citing Section 145(1)

Dy CIT, Circle-4(3)(1), Mumbai vs. M/S. Jefferies India P. Ltd., Mumbai

In the result, the appeal filed by the revenue is hereby dismissed and cross objection filed by the assessee is hereby partly allowed

ITA 457/MUM/2021[2014-15]Status: DisposedITAT Mumbai11 Apr 2022AY 2014-15

Bench: Shri Amarjit Singh, Jm & Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.457/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2014-15) Dcit, Cir 4(3)(1) बिधम/ M/S. Jefferies India Pvt. Ltd. Room No.649, 6Th Floor, 42 & 43, 2 North Avenue, Vs. Aayakar Bhavan, M. K. Bandra-Kurla Complex, Bandra (E), Mumbai- Road, Mumbai-400020. 400051. & Cross Objection No.151/Mum/2021 आयकर अपील सं/ I.T.A. No. 457/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2014-15) M/S. Jefferies India Pvt. Ltd. बिधम/ Dcit, Cir 4(3)(1) Room No.649, 6Th Floor, 42 & 43, 2 North Avenue, Vs. Bandra-Kurla Complex, Aayakar Bhavan, M. K. Bandra (E), Mumbai- Road, Mumbai-400020. 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcj7850R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Achal Sharma Assessee By: Shri M.P. Lohia/Nikhil Tiwari सुनवाई की तारीख / Date Of Hearing: 24/02/2022 घोषणा की तारीख /Date Of Pronouncement: 11/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 05.02.2020 Passed By The Commissioner Of Income Tax (Appeals)-22, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2014-15. C.O. No.151/Mum/2021 A.Y.2014-15

For Appellant: Shri M.P. Lohia/Nikhil TiwariFor Respondent: Shri Achal Sharma
Section 143(2)Section 145(1)

correctness of the profits shown in the return filed, the book results were not found reliable and accordingly rejected by invoking provisions of Section 145(1) & (3) of the Act. The expenses were estimated to the extent of 10% of the profit and accordingly the addition was made