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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

Assistant Commissioner of Income-Tax, Circle-2(1)(1), Ahmedabad vs. Jewel World, Ahmedabad

In the result, the appeal of the Revenue stands dismissed

ITA 63/AHD/2024[2017-2018]Status: DisposedITAT Ahmedabad07 Mar 2025AY 2017-2018

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.63/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Assistant Commissioner Of Jewel World बनाम/ Income-Tax 5, Balaji Heights V/S. Circle-2(1)(1) Swagat Cross Road Ahmedabad – 380 015 Nr. Lal Bungalows Cg Road, Ahmedabad-380 009 "थायी लेखा सं./Pan:Aajfj 5833 H अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri Kavan Limbasiya, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 07 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Cit(A)”], Dated 06.12.2023, For The Assessment Year (Ay) 2017-18, Whereby The Cit(A) Deleted The Addition Of Rs.5,61,85,000/- Made By The Assessing Officer (Ao) Under Section 69A Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”]. Asst.Cit Vs. Jewel World Asst. Year : 2017-18

For Appellant: Shri M.K. Patel, AdvocateFor Respondent: Shri Kavan Limbasiya, Sr.DR
Section 143(1)Section 271ASection 69A

Associated Transport (P.) Ltd. [1996] 84 Taxman 146 (Cal.), where it was held that cash balances recorded in books cannot be treated as undisclosed income under Section 69A of the Act. - Lakshmi Rice Mills v. CIT [1974] 97 ITR 258 (Pat.), where it was held that when books of accounts

Subbaiah Vairamani, Madurai vs. ACIT, Corporate Circle-1, Madurai

In the result, the appeal filed by the assessee is allowed

ITA 2380/CHNY/2024[2017-18]Status: DisposedITAT Chennai07 Mar 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.2380/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Subbaiah Vairamani, Vs. The Assistant Commissioner Of 134, North Market Street, Income Tax, Madurai 625 001. Corporate Circle 1, [Pan:Abrpv9397H] Madurai 625 002. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Venkata Raman, C.A. & Shri R.S. Lakshmi Narayana, Advocate ""थ" की ओर से/Respondent By : Shri C. Murugesan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 06.02.2025 घोषणा की तारीख /Date Of Pronouncement : 07.03.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 24 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit

For Appellant: Shri R. Venkata Raman, C.A., &For Respondent: Shri C. Murugesan, Addl. CIT
Section 142(1)Section 143(2)Section 68

genuine and natural transaction, but, it is an afterthought by making entries in the form of bogus sales to explain the source of undisclosed income 5 I.T.A. No.2380/Chny/24 deposited in the bank in SBN during the demonetization period. After analyzing the cash deposits, documentary evidences, circumstantial evidences, human conduct