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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

Blueview Agencies Pvt. Ltd., Odisha vs. I.T.O., Ward - 5(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2510/KOL/2024[2009-2010]Status: DisposedITAT Kolkata27 Feb 2025AY 2009-2010

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2510/Kol/2024 Assessment Year: 2009-10 Blueview Agencies Pvt. Ltd. .……………………………………..….……….Appellant Lamtibahal, Brajrajnagar, Jharsuguda – 768216, Odisha. [Pan: Aadcb6386Q] Vs. Ito, Ward-5(1), Kolkata….……..............................……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Assessee. Shri Madanappa Raghuvir, Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 26, 2025 Date Of Pronouncing The Order : February 27, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 04.10.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return For The Assessment Year 2009-10 By Declaring Total Income Of Rs.1,890/-. The Return Of The Assessee Was Processed U/S 143(1) Of The Act. The Assessee Derives Its Income From Share Dealing & Investments. The Assessing Officer On Examination Of The Balance Sheet & Profit & Loss Account Of The Assessee Found That Certain Expenses Which Were Disallowable Has Not Been Disallowed & Certain Income Did Not Disclose In Its Return. Therefore, The Assessing Officer Issued Notice U/S 148 & Subsequently, An Order U/S 147/143(3) Of The Act Was Passed By Determining Total Income Of Rs.27,650/-. Later On, The Ld. Cit, Kolkata-Ii Found That Requisite & Proper Enquiries Were Not Concluded Regarding The Identity

Section 142(1)Section 143(1)Section 147Section 148Section 14ASection 250Section 250(6)Section 263

explain properly. Accordingly, the share application money of Rs.7,85,50,000/- was added to the total income of the assessee. He also added undisclosed income of Rs.20,756/-, disallowance u/s 14A at Rs.17,140/- in the hands of the assessee by assessing total income of the assessee at Rs.7