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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

Vishwas Sudhakar Chaknalwar, Nagpur vs. Assistant Commissioner of Income Tax, Centra Circle 2(1), Nagpur

In the result, appeal filed by the Revenue is dismissed

ITA 238/NAG/2022[2020-21]Status: DisposedITAT Nagpur09 Jun 2025AY 2020-21

Bench: Shri V. Durga Rao, Hon’Ble & Shri K.M. Roy, Hon’Ble Accountant, Member Vishwas Sudhakar Chaknalwar V. Acit – Central Circle – 2(1) 801,8Th Floor & 800 Sq.Ft Space On 8Th Floor Room No. 312, 3Rd Floor Royal Park, Ramdaspeth Aayakar Bhavan Nagpur - 440012 Telangkhedi Road, Civil Lines Nagpur – 440002 Pan – Abdpc0828J (Appellant) (Respondent) Acit – Central Circle – 2(1) V. Vishwas Sudhakar Chaknalwar 801,8Th Floor & 800 Sq.Ft Space On 8Th Floor Room No. 312, 3Rd Floor Royal Park, Ramdaspeth Aayakar Bhavan Nagpur – 440012 Telangkhedi Road, Civil Lines Nagpur – 440001 Pan – Abdpc0828J (Appellant) (Respondent)

Section 132Section 133ASection 139(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 69A

during the search, in the proceeding u/s 153A. (2) Whether the appellate authority is justified in law, and fact for upheld an addition of undisclosed income of Rs.10,00,000/- u/s 69A. (3) Whether the appellate authority is justified in law and fact in admitting data backup of mobile phone ... Assessee, Assessing Officer framed the assessment under section 143(3) of the Act dated 28.05.2021 by making an addition of Rs.10,00,000/- as undisclosed income under section 69A for A.Y. 2020-21 by relying on Document No. B-9 which was found and seized which is a hard disk