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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

Aliasagar Inayathusain Bohari, Jalgaon vs. The Income Tax Officer, Ward-3, Dhule

In the result, the appeal of the appellant for A

ITA 1160/PUN/2023[2013-14]Status: DisposedITAT Pune21 Nov 2024AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1160/Pun/2023 िनधा"रण वष" / Assessment Year: 2013-14 Aliasagar Inayathusain Bohari, Vs. Ito, Ward-3, Dhule. M/S. Saifee Machinery, Shop No.6, Opp. Panchayat Samiti Chopda, Dist. Jalgaon- 425405. Pan : Abapb5558K Appellant Respondent Assessee By : None Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 05.09.2024 Date Of Pronouncement : 21.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.09.2023 Passed By Ld. Cit(A)-11, Pune [‘Ld. Cit(A)’] For The Assessment Year 2013-14. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit(A) Is Not Justified In Confirming The Addition Of Rs.70,00,000 When The Impounded Material Is Covered In The Finalized Books Of Accounts Which Were Duly Audited Nothing

For Appellant: NoneFor Respondent: Shri Ramnath P. Murkunde
Section 133ASection 143(2)Section 143(3)

Accordingly, the said addition of Rs. 70,00,000/- is upheld. 8 11. The second addition made by the Assessing Officer is regarding the undisclosed income of Rs. 2,20,869/- on the borewell business activity. Facts leading the said addition are that during the survey operation, various documents indicating

Varadarajan Baskaran, Coimbatore vs. DCIT, CC-2, Coimbatore

In the result, appeals filed by the assessee are allowed for statistical purpose

ITA 2088/CHNY/2024[2018-19]Status: DisposedITAT Chennai21 Nov 2024AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita Nos.2084, 2085, 2086, 2087 & 2088/Chny/2024 (िनधा"रणवष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2017-2018 & 2018-2019) Varadarajan Baskaran, Vs. The Deputy Commissioner Of Prop:- Shrinidhi Gold Bullion, Income Tax, 1080, 1St Floor, Srp Complex, Central Circle-2, Big Bazaar Street, Coimbatore Coimbatore 641 026. [Pan: Afypb 6208A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri S. Sridhar, Advocate (Erode) ""यथ" क" ओर से /Respondent By : Shri Nilay Baran Som, Irs, Cit. सुनवाई क" तार"ख/Date Of Hearing : 05.11.2024 घोषणा क" तार"ख /Date Of Pronouncement : 21.11.2024 आदेश / O R D E R Per Bench:-

For Appellant: Shri S. Sridhar, Advocate (Erode)For Respondent: Shri Nilay Baran Som, IRS, CIT
Section 115BSection 132Section 139(4)Section 143(3)Section 144Section 153CSection 69

During the course of search operation, some incriminating documents which that showed that he was involved in unaccounted money lending business and assessee had undisclosed Income spread for various A.Ys from 2015- 16 to 2019-20 w.r.t that business. During course of search some six note books were found ... 153C. The AO has finalized assessment making addition towards unaccounted investment u/s 69. The assessee submitted before the ld. CIT(A) that the undisclosed income from money lending business has arisen from disclosed source of money lending business only. Ld. CIT(A) observed that Section 69 of the Act covers

Varadarajan Baskaran, Coimbatore vs. DCIT, CC-2, Coimbatore

In the result, appeals filed by the assessee are allowed for statistical purpose

ITA 2087/CHNY/2024[2017-18]Status: DisposedITAT Chennai21 Nov 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita Nos.2084, 2085, 2086, 2087 & 2088/Chny/2024 (िनधा"रणवष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2017-2018 & 2018-2019) Varadarajan Baskaran, Vs. The Deputy Commissioner Of Prop:- Shrinidhi Gold Bullion, Income Tax, 1080, 1St Floor, Srp Complex, Central Circle-2, Big Bazaar Street, Coimbatore Coimbatore 641 026. [Pan: Afypb 6208A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri S. Sridhar, Advocate (Erode) ""यथ" क" ओर से /Respondent By : Shri Nilay Baran Som, Irs, Cit. सुनवाई क" तार"ख/Date Of Hearing : 05.11.2024 घोषणा क" तार"ख /Date Of Pronouncement : 21.11.2024 आदेश / O R D E R Per Bench:-

For Appellant: Shri S. Sridhar, Advocate (Erode)For Respondent: Shri Nilay Baran Som, IRS, CIT
Section 115BSection 132Section 139(4)Section 143(3)Section 144Section 153CSection 69

During the course of search operation, some incriminating documents which that showed that he was involved in unaccounted money lending business and assessee had undisclosed Income spread for various A.Ys from 2015- 16 to 2019-20 w.r.t that business. During course of search some six note books were found ... 153C. The AO has finalized assessment making addition towards unaccounted investment u/s 69. The assessee submitted before the ld. CIT(A) that the undisclosed income from money lending business has arisen from disclosed source of money lending business only. Ld. CIT(A) observed that Section 69 of the Act covers