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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

M/S Kesvan Jewellers, Kolkata vs. ACIT, Cir. 32, Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 871/KOL/2024[2012-13]Status: DisposedITAT Kolkata10 Feb 2025AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.871/Kol/2024 Assessment Year: 2012-13 M/S Kesvan Jewellers….………………………………………..………….……Appellant Room No.6, 2Nd Floor, 80, Burtalla Street, Burrabazar, Kol-700007. [Pan: Aaefk3801F] Vs. Acit, Circle-32, Kolkata……..……....….….. ……………….........……...…..…..Respondent Appearances By: Shri Anil Kochar, Ar, Appeared On Behalf Of The Appellant. Shri H. Robindro Singh, Addl. Cit - Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 06, 2025 Date Of Pronouncing The Order : February 10, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 21.02.2024 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 Is Engaged In The Business Of Manufacturing & Trading Gold, Silver, Platinum, Diamond & Precious Metals & For The Assessment Year 2012-13, The Assessee Filed A Return Of Income Declaring Income Of Rs.47,71,680/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass In Order To Examine A Large Amount Of Creditors. Accordingly, Notices U/S 143 & 142(1) Of The Act Were Issued Along With Questionnaire. The Assessee In Response To The Notices Filed Its Reply & Represented The Case By His Authorized Representative Time To Time & The Case Of The Assessee Was Discussed By The Assessing Officer With The Authorized Representative. During The

Section 143Section 194CSection 250Section 40

book did not match with the credit records which led the Assessing Officer to treat the amount of Rs.1,22,871/- as income from undisclosed income of the assessee. Similarly, Shri Biswanath Dhara had claimed to have received work charges of Rs.1,10,443/- in cash while the assessee denied

Deputy Commissioner of Income Tax, Central Circle-4, Jaipur vs. Kailash Chand Hirawat, Jaipur

Appeal is hereby dismissed as having become infructuous

ITA 1175/JPR/2024[2011-12]Status: DisposedITAT Jaipur06 Feb 2025AY 2011-12

Bench: SHRI GAGAN GOYAL, AM& SHRI NARINDER KUMAR, JM आयकर अपील सं./ITA No. 1175/JPR/2024 निर्धारण वर्ष / Assessment Year: 2011-12 Deputy Commissioner of Income Tax, बनाम Sh. Kailash Chand Hirawat Central Circle-4, VS. 9, Narain Singh Road, Jaipur. Jaipur. अपीलार्थी / Appellant प्रत्यर्थी / Respondent स्थायीलेखा सं./ जीआईआर सं./PAN/GIR No.: AAKPH9224R निर्धारिती की ओरसे / Assesseeby : Shri Rohan Sogani, C.A. राजस्व की ओरसे / Revenue by: Shri Arvind Kumar, CIT-DR, Mrs. Anita Rinesh, JCIT-DR सुनवाई क

For Appellant: Shri Rohan Sogani, C.AFor Respondent: Shri Arvind Kumar, CIT-DR &
Section 132Section 147Section 148Section 153ASection 153CSection 250

matter is that under Section 153A and 153C, the total income' is to be assessed. The total income includes returned income (if any), undisclosed income unearthed during the search or requisitioning and information possessed from the other sources. For Illustration: An assessee had returned income of Rs.100, undisclosed Income ... shall pass order dealing with income of Rs. 100+Rs.200+Rs.150, the total income being Rs.450/-. In cases where there is no unearthing of undisclosed income of Rs.200/-, the department can resort to proceeding under Section 147/148. 32. The argument that Section 153C can be invoked in case there