← All Phrases

“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

Assistant Commissioner of Income Tax, Central Circle 2(2), Chennai vs. Kishore Kumar Jain, Chennai

ITA 2849/CHNY/2024[2016-17]Status: DisposedITAT Chennai26 May 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.: 2847, 2848 & 2849 /Chny/2024 निर्धारण वर्ष / Assessment Years: 2012-13, 2013-14 & 2016-17 Assistant Commissioner Of Income Tax, Central Circle -2 (2), Chennai. Vs. Kishore Kumar Jain, 62, Bvk Sampath Road, Vepery, Chennai - 600 007. [Pan: Aahpj-0401-H] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement Mr. Shivanand K Kalakeri, Cit Mr. B.Ramakrishnan, F.C.A. : 13.03.2025 : 26.05.2025 आदेश /Order Per S. R. Raghunatha: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Chennai, All Dated 10.09.2024 & Pertains To Assessment Years 2012-13, 2013-14 & 2016-17. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Disposed Of, By This Consolidated Order. 2. The Revenue Has Raised The Following Common Grounds Of Appeal For All The

Section 143(2)Section 143(3)Section 153ASection 2(22)(e)Section 250

आयकर अपीलीय अधिकरण, 'ए' न्यायपीठ, चेन्नई IN THE INCOME TAX APPELLATE TRIBUNAL, 'A' BENCH, CHENNAI श्री एस एस विश्वनेत्र रवि

Assistant Commissioner of Income Tax, Central Circle 2(2), Chennai vs. Kishore Kumar Jain, Chennai

ITA 2847/CHNY/2024[2012-13]Status: DisposedITAT Chennai26 May 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.: 2847, 2848 & 2849 /Chny/2024 निर्धारण वर्ष / Assessment Years: 2012-13, 2013-14 & 2016-17 Assistant Commissioner Of Income Tax, Central Circle -2 (2), Chennai. (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement Kishore Kumar Jain, Vs.62, Bvk Sampath Road, Vepery, Chennai - 600 007. [Pan: Aahpj-0401-H] (प्रत्यर्थी/Respondent) Mr. Shivanand K Kalakeri, Cit Mr. B.Ramakrishnan, F.C.A. 13.03.2025 26.05.2025 आदेश /Order Per S. R. Raghunatha: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Chennai, All Dated 10.09.2024 & Pertains To Assessment Years 2012-13, 2013-14 & 2016-17. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Disposed Of, By This Consolidated Order. 2. The Revenue Has Raised The Following Common Grounds Of Appeal For All The

Section 143(2)Section 143(3)Section 153ASection 2(22)(e)Section 250

business premises of the company and at the assessee's residence, it was :-5-: ITA. Nos.:2847 to 2849/Chny/2024 admitted therein that undisclosed income was earned by KJPL through transactions involving inflation of ‘old gold refining losses' debited in the books of accounts of the company and the same ... subject properties presently in dispute before Your Authority for the AYs 2012-13, 2013-14 & 2016-17 respectively. 13. The modus operandi for earning undisclosed income through inflation of 'old gold refining losses' was explained as below: The entire process of purchase of Old Gold from customers, melting, refining