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“undisclosed income”

Search & SeizureSection 153ASection 153A9,092 judgments

The decision most relied on for undisclosed income is CIT v. Kabul Chawla (380 ITR 573), cited in 3,235 judgments on BharatTax.

Leading authorities on undisclosed income

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

Additions for alleged bogus purchases should be restricted to the profit element, not the entire turnover. The profit element is often estimated at 12.5% of the purported bogus purchases.

Commissioner of Income Tax v. Harjeev Aggarwal
290 CTR 263 · 2016 · High Court
583
citing judgments

Assessment based solely on a statement recorded under Section 132(4) of the Income Tax Act requires the statement to be relatable to incriminating material or evidence found during the search, especially when considering Section 158BB(1) which restricts computation of undisclosed income to evidence found during search.

CIT v. Anil Kumar Bhatia
352 ITR 493 · 2013 · High Court
537
citing judgments

Section 153A can be invoked to reassess income for all years under consideration prior to a search, even if returns for those years were processed under Section 143(1)(a). The Assessing Officer has the power to reassess total income in such cases without fetters.

CIT v. P. Mohanakala
291 ITR 278 · 2007 · Supreme Court
525
citing judgments

The Supreme Court emphasized that in the absence of concrete rebuttal by the assessee, circumstantial evidence holds significant weight, applying the doctrine of preponderance of probability, particularly when assessing undisclosed income or unexplained cash credits.

Society v. UOI
394 ITR 220 · 2017 · Supreme Court
493
citing judgments

Uncorroborated loose papers or documents found during a search operation have no evidentiary value and cannot be the sole basis for determining undisclosed income. Additions based on such material require independent evidence to establish trustworthiness and a direct link to the assessee.

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. Gurinder Singh Bawa
386 ITR 483 · 2016 · High Court
416
citing judgments

If no incriminating material is found during a search operation regarding a particular issue, then no addition can be made concerning that issue in an assessment under section 153A of the Income-tax Act.

Judgments citing undisclosed income

Sundaram Sankar Anand, Karur vs. Assistant Commissioner, Coimbatore

In the result the appeals of the assessee are disposed of as below:

ITA 2911/CHNY/2024[2017-2018]Status: DisposedITAT Chennai26 Aug 2025AY 2017-2018

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.: 2850,2851,2852 & 2853/Chny/2024, 2910, 2911 & 2912/Chny/2024 धनिाारण वर्ा / Assessment Years: 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18 & 2018-19 Sundaram Sankar Anand, The Assistant Commissioner Of No.63-B-7, Mayanur, Vs Income Tax, M Kaspa Sandai Peatai, . Central Circle – 2, Coimbatore. Krishnarayapuram Taluk, Karur – 639 102 [Pan:Bvips-1149-E] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. V. Alagappa, C.A. प्रत्यथी की ओर से/Respondent By : Mr. M.Murali, Cit (Virtual) सुनवाई की तारीख/Date Of Hearing : 25.06.2025 घोर्णा की तारीख/Date Of Pronouncement : 26.08.2025 आदेश /O R D E R Per S. R. Raghunatha, Am:

For Appellant: Shri. V. Alagappa, C.AFor Respondent: Mr. M.Murali, CIT (Virtual)
Section 132Section 143(2)Section 143(3)Section 153ASection 68

decision of the Hon’ble Delhi High Court in PCIT v. Pavitra Realcon Pvt. Ltd., wherein it was held that undisclosed income cannot be assessed solely on the basis of statements made during search. Such statements, though relevant information u/s.132(4) of the Act, must necessarily be supported by material ... Delhi High Court in PCIT v. Pavitra Realcon Pvt. Ltd., wherein it was held that undisclosed income cannot be assessed solely on the basis of statements made during search supports the instant facts of the case. 24. In view of the foregoing discussion, we hold that the additions made

Sundaram Sankar Anand, Karur vs. Assistant Commissioner, Coimbatore

In the result the appeals of the assessee are disposed of as below:

ITA 2853/CHNY/2024[2015-2016]Status: DisposedITAT Chennai26 Aug 2025AY 2015-2016

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.: 2850,2851,2852 & 2853/Chny/2024, 2910, 2911 & 2912/Chny/2024 धनिाारण वर्ा / Assessment Years: 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18 & 2018-19 Sundaram Sankar Anand, The Assistant Commissioner Of No.63-B-7, Mayanur, Vs Income Tax, M Kaspa Sandai Peatai, . Central Circle – 2, Coimbatore. Krishnarayapuram Taluk, Karur – 639 102 [Pan:Bvips-1149-E] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. V. Alagappa, C.A. प्रत्यथी की ओर से/Respondent By : Mr. M.Murali, Cit (Virtual) सुनवाई की तारीख/Date Of Hearing : 25.06.2025 घोर्णा की तारीख/Date Of Pronouncement : 26.08.2025 आदेश /O R D E R Per S. R. Raghunatha, Am:

For Appellant: Shri. V. Alagappa, C.AFor Respondent: Mr. M.Murali, CIT (Virtual)
Section 132Section 143(2)Section 143(3)Section 153ASection 68

decision of the Hon’ble Delhi High Court in PCIT v. Pavitra Realcon Pvt. Ltd., wherein it was held that undisclosed income cannot be assessed solely on the basis of statements made during search. Such statements, though relevant information u/s.132(4) of the Act, must necessarily be supported by material ... Delhi High Court in PCIT v. Pavitra Realcon Pvt. Ltd., wherein it was held that undisclosed income cannot be assessed solely on the basis of statements made during search supports the instant facts of the case. 24. In view of the foregoing discussion, we hold that the additions made

Sundaram Sankar Anand, Karur vs. Assistant Commissioner, Coimbatore

In the result the appeals of the assessee are disposed of as below:

ITA 2851/CHNY/2024[2013-2014]Status: DisposedITAT Chennai26 Aug 2025AY 2013-2014

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.: 2850,2851,2852 & 2853/Chny/2024, 2910, 2911 & 2912/Chny/2024 धनिाारण वर्ा / Assessment Years: 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18 & 2018-19 Sundaram Sankar Anand, The Assistant Commissioner Of No.63-B-7, Mayanur, Vs Income Tax, M Kaspa Sandai Peatai, . Central Circle – 2, Coimbatore. Krishnarayapuram Taluk, Karur – 639 102 [Pan:Bvips-1149-E] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. V. Alagappa, C.A. प्रत्यथी की ओर से/Respondent By : Mr. M.Murali, Cit (Virtual) सुनवाई की तारीख/Date Of Hearing : 25.06.2025 घोर्णा की तारीख/Date Of Pronouncement : 26.08.2025 आदेश /O R D E R Per S. R. Raghunatha, Am:

For Appellant: Shri. V. Alagappa, C.AFor Respondent: Mr. M.Murali, CIT (Virtual)
Section 132Section 143(2)Section 143(3)Section 153ASection 68

decision of the Hon’ble Delhi High Court in PCIT v. Pavitra Realcon Pvt. Ltd., wherein it was held that undisclosed income cannot be assessed solely on the basis of statements made during search. Such statements, though relevant information u/s.132(4) of the Act, must necessarily be supported by material ... Delhi High Court in PCIT v. Pavitra Realcon Pvt. Ltd., wherein it was held that undisclosed income cannot be assessed solely on the basis of statements made during search supports the instant facts of the case. 24. In view of the foregoing discussion, we hold that the additions made

Sundaram Sankar Anand, Karur vs. Assistant Commissioner, Coimbatore

In the result the appeals of the assessee are disposed of as below:

ITA 2850/CHNY/2024[2012-2013]Status: DisposedITAT Chennai26 Aug 2025AY 2012-2013

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.: 2850,2851,2852 & 2853/Chny/2024, 2910, 2911 & 2912/Chny/2024 धनिाारण वर्ा / Assessment Years: 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18 & 2018-19 Sundaram Sankar Anand, The Assistant Commissioner Of No.63-B-7, Mayanur, Vs Income Tax, M Kaspa Sandai Peatai, . Central Circle – 2, Coimbatore. Krishnarayapuram Taluk, Karur – 639 102 [Pan:Bvips-1149-E] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. V. Alagappa, C.A. प्रत्यथी की ओर से/Respondent By : Mr. M.Murali, Cit (Virtual) सुनवाई की तारीख/Date Of Hearing : 25.06.2025 घोर्णा की तारीख/Date Of Pronouncement : 26.08.2025 आदेश /O R D E R Per S. R. Raghunatha, Am:

For Appellant: Shri. V. Alagappa, C.AFor Respondent: Mr. M.Murali, CIT (Virtual)
Section 132Section 143(2)Section 143(3)Section 153ASection 68

decision of the Hon’ble Delhi High Court in PCIT v. Pavitra Realcon Pvt. Ltd., wherein it was held that undisclosed income cannot be assessed solely on the basis of statements made during search. Such statements, though relevant information u/s.132(4) of the Act, must necessarily be supported by material ... Delhi High Court in PCIT v. Pavitra Realcon Pvt. Ltd., wherein it was held that undisclosed income cannot be assessed solely on the basis of statements made during search supports the instant facts of the case. 24. In view of the foregoing discussion, we hold that the additions made

Vimal Kumar Banka, Kanpur vs. ITO Ward-1(2)(1), Kanpur

The appeal of the assessee is allowed

ITA 25/LKW/2024[2012-13]Status: DisposedITAT Lucknow25 Aug 2025AY 2012-13

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Vimal Kumar Banka V. The Ito 5/P/25, Dabauli Ward 1(2)(1) Kanpur Kanpur Tan/Pan:Afzb1801J (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sunil Kumar Rajwanshi, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 24.11.2023, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That As Per The Assessing Officer (Ao), The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Sold An Immovable Property, Jointly Held With Mrs Kanchan Talwar, During The Year Under Consideration For A Consideration Of Rs.10,00,000/- & The Value Of The Same As Per The Stamp Valuation Authority Was Rs.23,15,000/-. The Assessing Officer (Ao), Therefore, Reopened The Case Of The Assessee Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’)

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 142(1)Section 144Section 144BSection 147Section 148Section 148(2)Section 151

income of the assessee as under: ITA No.25/LKW/2024 Page 3 of 10 Income from salary : Rs.1,29,708/- Income from other sources : Rs.26,237/- Undisclosed income from LTCG : Rs.5,62,730/- Total assessed income : Rs.7,18,675/- 2.1 The AO also initiated penalty proceedings under sections 274 read with sections