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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

Jd Charitable Trust, Salem vs. ITO, Exemptions Ward, Salem

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 414/CHNY/2025[2013-14]Status: DisposedITAT Chennai14 May 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.414/Chny/2025 िनधा"रण वष"/Assessment Year: 2013-14 Jd Charitable Trust, Vs. The Income Tax Officer, 2/315, Bharathi Nagar, Vellakkal Patti, Exemptions Ward, Chettichavadi Post, Salem 636 012. Salem. [Pan:Aaatc4409R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Bhupendran, Advocate (Virtual) ""थ" की ओर से/Respondent By : Ms. Deeptha, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 01.05.2025 घोषणा की तारीख /Date Of Pronouncement : 14.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2013-14. 2. The Ld. Ar Shri S. Bhupendran, Advocate Request To Take Up Ground No. 4 Raised By The Assessee In Challenging The Action Of The Ld. Cit(A) In Rejecting The Claim Made Under Section 10(23C) Of The 2

For Appellant: Shri S. Bhupendran, Advocate (virtual)For Respondent: Ms. Deeptha, Addl. CIT
Section 10Section 142(1)Section 144Section 148

show-cause notice under section 144 of the Act was issued why the cash deposit should not be treated as undisclosed income, in response to which, the assessee filed return of income declaring total income of the assessee at NIL. The Assessing Officer, for not disclosing the amount

Ushabala Chits Pvt Ltd, Eluru vs. Assistant Commissioner of Income Tax, Central Circle-2, Rajahmundry

In the result, appeal filed by the assessee is allowed

ITA 125/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam13 May 2025AY 2018-19

Bench: Shri V. Durga Rao, Hon’Ble & Shri S. Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.124 & 125/Viz/2025 (धनिाारण िर्ा / Assessment Year: 2016-17 & 2018-19) M/S. Ushabala Chits Pvt Ltd, Vs. The Assistant Commissioner D.No. 25/12, Ushabala Complex, Of Income Tax, John Street, N.R. Pet, Central Circle-2, Eluru – 534006. Rajahmundry. Pan: Aaacu3570G (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओर से/ Assessee By : Shri M.V. Prasad, Ca प्रत्यार्थी की ओर से / Revenue By : Dr. Satyasai Rath, Cit-Dr सुनिाई की तारीख / Date Of Hearing : 08/04/2025 घोर्णा की तारीख/Date Of : 13/05/2025 Pronouncement O R D E R

For Appellant: Shri M.V. Prasad, CAFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 127Section 132Section 142(1)Section 143(2)Section 153A

receipts and payments which were available in the seized material vide Annexure- UPF/RP/EL/41, 74, 81, 82, 90 to 155. The Ld. AO arrived at undisclosed income of the assessee company at Rs. 2,35,52,537/-. Thereafter, the Ld. AO issued a show cause notice dated 11/03/2022 requesting the assessee ... lakhs admitted while filing the return of income U/s. 153A of the Act by the assessee as an undisclosed income from Chit Fund business. On being aggrieved by the order of the Ld. AO, the assessee is in appeal before the Ld. CIT(A). Before

Ushabala Chits Pvt Ltd, Eluru vs. Assistant Commissioner of Income Tax, Central Circle-2, Rajahmundry

In the result, appeal filed by the assessee is allowed

ITA 124/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam13 May 2025AY 2016-17

Bench: Shri V. Durga Rao, Hon’Ble & Shri S. Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.124 & 125/Viz/2025 (धनिाारण िर्ा / Assessment Year: 2016-17 & 2018-19) M/S. Ushabala Chits Pvt Ltd, Vs. The Assistant Commissioner D.No. 25/12, Ushabala Complex, Of Income Tax, John Street, N.R. Pet, Central Circle-2, Eluru – 534006. Rajahmundry. Pan: Aaacu3570G (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओर से/ Assessee By : Shri M.V. Prasad, Ca प्रत्यार्थी की ओर से / Revenue By : Dr. Satyasai Rath, Cit-Dr सुनिाई की तारीख / Date Of Hearing : 08/04/2025 घोर्णा की तारीख/Date Of : 13/05/2025 Pronouncement O R D E R

For Appellant: Shri M.V. Prasad, CAFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 127Section 132Section 142(1)Section 143(2)Section 153A

receipts and payments which were available in the seized material vide Annexure- UPF/RP/EL/41, 74, 81, 82, 90 to 155. The Ld. AO arrived at undisclosed income of the assessee company at Rs. 2,35,52,537/-. Thereafter, the Ld. AO issued a show cause notice dated 11/03/2022 requesting the assessee ... lakhs admitted while filing the return of income U/s. 153A of the Act by the assessee as an undisclosed income from Chit Fund business. On being aggrieved by the order of the Ld. AO, the assessee is in appeal before the Ld. CIT(A). Before