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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

Srinivasan Charitable and Educational Trust, Perambalur vs. ACIT, Central Circle-2, Trichy

In the result, appeals filed by the assessee and appeal filed by the

ITA 31/CHNY/2024[2018-19]Status: DisposedITAT Chennai08 Nov 2024AY 2018-19

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.28, 29, 30, 31, 55, 56 & 57/Chny/2024 निर्धारण वर्ष/Assessment Years: 2013-14, 2015-16, 2016-17, 2018-19, 2012-13, 2014-15 & 2017-18 M/S. Srinivasan Charitable & Educational Trust, No.274-C, Thuraiyur Road, Perambalur-621 212. Tamil Nadu. [Pan: Aagts 1793 N] (अपीलार्थी/Appellant) V. The Acit, Central Circle-2, Trichy. (प्रत्यर्थी/Respondent) The Acit, Central Circle-2, Trichy. आयकर अपील सं./Ita No.522/Chny/2024 निर्धारण वर्ष/Assessment Year: 2014-15 V. Srinivasan Charitable & (अपीलार्थी/Appellant) Educational Trust, No.274-C, Thuraiyur Road, Perambalur-621 212. Tamil Nadu. [Pan: Aagts 1793 N] (प्रत्यर्थी/Respondent) Assessee By Mr. G. Baskar, Advocate Department By Mr. Nilay Baran Som, Cit सुनवाईकीतारीख/Date Of Hearing 22.08.2024 घोषणाकीतारीख /Date Of Pronouncement 08.11.2024 आदेश / O R Der Per Aby T. Varkey, Jm

Section 12ASection 132Section 143(2)Section 153ASection 153C

specifically sought more time to make his submissions on the merits of the matter, relating to alleged undisclosed income from quarrying operations and seigniorage fee. The respondent officer has, in making additions as aforesaid, simply ignored this request. 33. As regards the question of valuation by the investigating officer, Revenue

Deputy Commisioner of Income Tax, Chennai vs. Anbu Infratech Private Ltd, Karichipalayam

ITA 1128/CHNY/2024[2018-19]Status: DisposedITAT Chennai06 Nov 2024AY 2018-19

Bench: Shri Mahavir Singh, Vice- & Shri Manoj Kumar Aggarwalआयकर अपीलसं./I.T.A.No.1128/Chny/2024 (निर्धारणवर्ष / Assessment Year: 2018-19) The Deputy Commissioner Of Vs Anbu Infratech Pvt. Ltd., Income Tax, 3/74, Pappampalayam, Central Circle-2(1), Nallipalayam, Chennai. Karichipalayam – 637 201. (अपीलार्थी/Appellant) Pan:Aajca-6772-H (प्रत्यर्थी/Respondent) अपीलार्थीकीओरसे / Appellant By : Mr. R.Clement Ramesh Kumar, Cit प्रत्यर्थीकी ओरसे/Respondent By : Mr. M.V.Prasad, Fca & Mr.Rajendra Kumar, Irs (Retd) सुनवाईकीतारीख/Date Of Hearing : 28.08.2024 घोषणाकीतारीख / Date Of Pronouncement : 06. 11.2024 आदेश / Order Per Mahavir Singh, Vp: This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), Chennai In Order No.Itba/Apl/S/250/2023-24/1061245710(1) Dated 21.02.2024. The Assessment Was Framed By The Deputy Commissioner Of Income Tax, Central Circle 2(1), Chennai For The Assessment Year 2018-19 U/S.153C Of The Income Tax Act, 1961 (Hereinafter The 'Act') Vide Order Dated 28.09.2021. 2.

For Appellant: Mr. R.Clement Ramesh KumarFor Respondent: Mr. M.V.Prasad, FCA &
Section 153CSection 69C

payments made to Shri.Paranthaman to the tune of Rs.4 Cr, it is inferred that it has been done from out of the undisclosed income of the assessee and accordingly added to the total income of the assessee for AY:2018-19 as unexplained payments u/s 69C of the Income