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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

Rameshwer Dass, Delhi vs. DCIT, Central Circle-3, New Delhi

The appeals are allowed

ITA 248/DEL/2020[2017-18]Status: DisposedITAT Delhi28 May 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaitas No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs Dcit, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. Pan: Aaapd2587R (Appellant) (Respondent) Assessee By : Shri Rajiv Khandelwal, Ca & Shri Jaind Kumar Jaiswal, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 22.04.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Dated 31.10.2019 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeals No.38/2019-20, 39/2019-20 & 40/2019-20 Arising Out Of The Appeals Before It Against The Orders Dated 30.12.2018 Passed U/S 153C R.W.S. 153A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle-03, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Rajiv Khandelwal, CA &For Respondent: Ms Rajinder Kaur, CIT-DR
Section 143(3)Section 153CSection 153D

jurisdiction u/s 153C of the Act, which assessee alleged to be on a satisfaction note not having relevant material to show the extent of undisclosed income for relevant years we find there is an additional ground raised by the assessee on the basis that the approval granted u/s 153D

Rameshwer Dass, Delhi vs. DCIT, Central Circle-3, New Delhi

The appeals are allowed

ITA 242/DEL/2020[2016-17]Status: DisposedITAT Delhi28 May 2025AY 2016-17

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaitas No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs Dcit, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. Pan: Aaapd2587R (Appellant) (Respondent) Assessee By : Shri Rajiv Khandelwal, Ca & Shri Jaind Kumar Jaiswal, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 22.04.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Dated 31.10.2019 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeals No.38/2019-20, 39/2019-20 & 40/2019-20 Arising Out Of The Appeals Before It Against The Orders Dated 30.12.2018 Passed U/S 153C R.W.S. 153A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle-03, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Rajiv Khandelwal, CA &For Respondent: Ms Rajinder Kaur, CIT-DR
Section 143(3)Section 153CSection 153D

jurisdiction u/s 153C of the Act, which assessee alleged to be on a satisfaction note not having relevant material to show the extent of undisclosed income for relevant years we find there is an additional ground raised by the assessee on the basis that the approval granted u/s 153D

Rameshwer Dass, Delhi vs. DCIT, Central Circle-3, New Delhi

The appeals are allowed

ITA 241/DEL/2020[2015-16]Status: DisposedITAT Delhi28 May 2025AY 2015-16

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaitas No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs Dcit, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. Pan: Aaapd2587R (Appellant) (Respondent) Assessee By : Shri Rajiv Khandelwal, Ca & Shri Jaind Kumar Jaiswal, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 22.04.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Dated 31.10.2019 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeals No.38/2019-20, 39/2019-20 & 40/2019-20 Arising Out Of The Appeals Before It Against The Orders Dated 30.12.2018 Passed U/S 153C R.W.S. 153A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle-03, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Rajiv Khandelwal, CA &For Respondent: Ms Rajinder Kaur, CIT-DR
Section 143(3)Section 153CSection 153D

jurisdiction u/s 153C of the Act, which assessee alleged to be on a satisfaction note not having relevant material to show the extent of undisclosed income for relevant years we find there is an additional ground raised by the assessee on the basis that the approval granted u/s 153D