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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

The DCIT, Circle-4(1) (1), Ahmedabad vs. M/S. Shah Foils Pvt. Ltd., Ahmedabad

Appeal is partly allowed and the Revenue’s appeal is dismissed

ITA 1922/AHD/2019[2011-12]Status: DisposedITAT Ahmedabad31 Jan 2025AY 2011-12

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar1. आयकर अपील सं /Ita No.1852/Ahd/2019 2. आयकर अपील सं /Ita No.1922/Ahd/2019 िनधा"रण वष" /Assessment Year : 2011-12 1. M/S.Shah Foils Ltd. 1. The Ito, Ward-4(1)(3) बनाम/ 26, Block-B, Galaxy Ahmedabad-380 015 V/S. Signature, Science City Rd Sola, Ahmedabad-380 060 2. The Ito, 2. M/S.Shah Foils Ltd. Ward-4(1)(3) 26, Block-B, Galaxy Ahmedabad-380 015 Signature, Science City Rd Sola, Ahmedabad-380 060 "थायी लेखा सं./Pan: Aaics 0490 F (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri K.C. Thaker, Ar Revenue By : Shri A.P. Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 28/01/2025 घोषणा की तारीख /Date Of Pronouncement: 31/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Cross-Appeals By The Assessee & The Revenue Are Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-8, Ahmedabad [Hereinafter Referred To As “Cit(A)”], Dated 23.10.2019, Arising Out Of The Assessment Order Dated 29.12.2017 Passed Under Section 143(3) Read

For Appellant: Shri K.C. Thaker, ARFor Respondent: Shri A.P. Singh, CIT-DR
Section 143(1)Section 143(3)Section 147Section 69A

order was passed making an addition of Rs.7,51,35,438/- under Section 69A of the Act, treating the alleged unaccounted cash receipts as undisclosed income. 3. The assessee filed an appeal before CIT(A) against the order of AO, who partly allowed the assessee’s appeal by deleting

Future Gaming and Hotel Services P Ltd, Coimbatore vs. ACIT, Central Circle-2, Coimbatore

The appeal stand allowed in terms of our above order

ITA 950/CHNY/2024[2019-20]Status: DisposedITAT Chennai31 Jan 2025AY 2019-20

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.950/Chny/2024 (िनधा*रणवष* / Assessment Year: 2019-20) M/S. Future Gaming & Hotel Acit बनाम/ Services Private Limited Central Circle-2, 54, Mettupalayam Road, Coimbatore. Vs. Gn Mills Post, Coimbatore-641 029. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcm-9751-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : S/Shri S. Sridhar & N. Arjun Raj (Advocate) - Ld. Ars " थ"कीओरसे/Respondent By : Shri R. Clement Ramesh Kumar (Cit) -Ld. Cit-Dr A/W Ms. Anitha (Addl. Cit) – Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 10-01-2025 घोषणा की तारीख /Date Of Pronouncement : 03-02-2025 आदेश / O R D E R

For Appellant: S/Shri S. Sridhar & N. Arjun Raj (Advocate) - LdFor Respondent: Shri R. Clement Ramesh Kumar (CIT) -Ld. CIT-DR a/w Ms. Anitha (Addl. CIT) – Ld.
Section 153ASection 271A

penalty order, Ld. AO levied penalty invoking the provisions of 271AAB(1A)(b) @ 60% of Rs.570.00 Lacs in respect of undisclosed income found during the course of search. 1.2 The grounds taken by the assessee read as under: - 1. The order of the CIT (Appeals) - 20, Chennai dated 18.03.2024 vide ... proceedings. 7. The CIT (Appeals) - 20, Chennai erred in dismissing the explanation of the appellant and further erred in treating the Market Adjustment as undisclosed income of the appellant by relying on the inadmissible loose sheets. 8. The CIT (Appeals) - 20 further failed to appreciate that the levy of penalty