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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

Sri Buddhadeb Samadder, Kolkata vs. ITO, Ward-29(3), Kolkata.

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 1356/KOL/2023[2016-17]Status: DisposedITAT Kolkata29 Apr 2024AY 2016-17

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1356/Kol/2023 Assessment Year : 2016-17 Sri Buddhadeb Samadder….….…………............…...……………....Appellant 49/1B, Tollygunge Road, Kalighat, Kolkata-700026. [Pan: Bpbps5750L] Vs. Ito, Ward-29(3), Kolkata…….............................................…..…..... Respondent Appearances By: Shri Arya Das, Adv. & Anibarya Das, Ar, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 08, 2024 Date Of Pronouncing The Order : April 29, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 15.09.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1 For That On The Facts Of The Case, The Assessment Order Passed Under Section 143(3) Of The I.T. Act Dated 21.12.2018 By I.T.0 Ward 29(3)/ Kolkata & Subsequently Confirmed By The Ld. C.I.T (Appeal) Dated 15/09/2023 Are Completely Arbitrary, Unjustified & Illegal. 2 For That On The Facts Of The Case, The Ld. A.O As Well As The Ld. Appellate Authority Was Wrong In Making Addition Of Rs. 55,81,590/- To The Income Of The Appellant Being One Of The Land-Owners Even Though

Section 143(3)Section 250

disclosed income from sale of two flats being Flat no 1A on the first floor and Flat no 2B on the second floor, the undisclosed income from the sale of said two flats should not have fallen upon the appellant solely as the land was jointly owned by the appellant

JCIT Cent. Cir. - 1(4), Mumbai vs. Grasim Industries Ltd, Mumbai

The appeal of the Revenue is dismissed whereas appeal of the assessee is partly allowed for statistical purposes

ITA 1559/MUM/2018[2010-11]Status: DisposedITAT Mumbai29 Apr 2024AY 2010-11

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2010-11 Grasim Industries Limited, The Dcit Cc-1(4), Corporate Finance Division, Room No. 902, 9Th Floor, Old Vs. A-2, Aditya Birla Centre, S.K. Cgo Building, M.K. Road, Ahire Marg, Worli, Mumbai-400020. Mumbai-400030. Pan No. Aaacg 4464 B Appellant Respondent Assessment Year: 2010-11 Jcit (Osd), Central Circle- Grasim Industries Limited, 1(4), A-Wing, 2Nd Floor, Aditya Room No. 902, Pratishtha Vs. Birla Centre, S.K. Ahire Bhavan, 9Th Floor, Old Cgo Marg, Worli, Building Annexe, Mumbai-400030. Mumbai-400020. Pan No. Aaacg 4464 B Appellant Respondent Assessee By : Mr. Yogesh Thar & Mr. Chaitanya Joshi Revenue By : Dr. Kishor Dhule, Cit-Dr Date Of Hearing : 03/04/2024 : Date Of Pronouncement 29/04/2024

For Appellant: Mr. Yogesh Thar &For Respondent: Dr. Kishor Dhule, CIT-DR
Section 132(1)Section 143(3)Section 153C

eliminate multiplicity of proceedings. In such cases it is only the seized such cases it is only the seized material and undisclosed income material and undisclosed income emanating out of the search proceedings, which is relevant for the emanating out of the search proceedings, which is relevant for the emanating ... produced in the course of original assessment, of search but not produced in the course of original assessment, and (ii) undisclo and (ii) undisclosed income or property discovered in the course of sed income or property discovered in the course of search." search." 16.22 The Hon'ble Mumbai Tribunal

Shri Mahendrakumar H. Adhvaryu, Ahmedabad vs. The ITO, Ward-3(3)(3), Ahmedabad

The appeal of the assessee is allowed

ITA 1814/AHD/2019[2016-17]Status: DisposedITAT Ahmedabad26 Apr 2024AY 2016-17

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2016-17 Vs. Mahendrakumar H. Adhvaryu, Income Tax Officer, A-8, Classic Palace, Talav Gate, Ward-3(3)(3), Bodakdev, Ahmedabad-380054 Ahmedabad Pan : Aezpa 8877 Q अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Tushar Hemani, Sr. Advocate & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri Anurag Chandra, Sr Dr सुनवाई क" तारीख/Date Of Hearing : 01.02.2024 घोषणा क" तारीख /Date Of Pronouncement: 26.04.2024 आदेश/O R D E R आदेश आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-3, Ahmedabad [Hereinafter Referred To As "Ld. Cit(A)” For Short] Dated 28.08.2019, Under Section 250(6) Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Pertaining To The Assessment Year (Ay) 2016-17. 2. The Grounds Raised Are As Under:- “1. The Learned Cit(A) Has Erred In Law & On Facts In Not Giving A Reasonable Opportunity Of Hearing To The Appellant Which Is In Violation Of The Principles Of Natural Justice. 2. The Learned Cit(A) Has Erred In Law & On Facts In Stepping Into The Shoes Of The Appellant To Confirm The Additions. 3. The Learned Cit(A) Has Erred In Law & On Facts In Confirming Addition Of Cash In Hand Of Rs.62,76,216/- U/S 68 Of The Act.

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Anurag Chandra, Sr DR
Section 234ASection 250(6)Section 271(1)(c)Section 68

case for treating the outstanding cash balance in the hands of the assessee as at the end of the year as representing its undisclosed income and subjecting it to tax in terms of Section 68 of the Act. The reasons for the same follow. 3 Mahendrakumar H Adhvaryu

D.Ramgopal, Coimbatore vs. DCIT, Central Circle-1(1), Coimbatore

The appeal stand partly allowed in terms of our above order

ITA 582/CHNY/2022[2012-13]Status: DisposedITAT Chennai25 Apr 2024AY 2012-13

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.582/Chny/2022 (िनधा)रण वष) / Assessment Year: 2012-13) Shri D. Ramagopal Acit बनाम C/O Mr. G.V. Jhabakh (Fca) Central Circle-1 157, P.M Swamy Colony, Coimbatore. / Vs. 5Th Street, Coimbatore-641 002. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Akgpr-3621-L (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Jhabakh (Ca)- Ld. Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit)-Ld. Dr सुनवाईकीतारीख/Date Of Final Hearing : 18-03-2024 घोषणाकीतारीख /Date Of Pronouncement : 25-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeal By Assessee For Assessment Year (Ay) 2012-13 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals)-19, Chennai [Cit(A)] On 25.05.2022 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S 153A Of The Act On 30.03.2016. The Grounds Raised By The Assessee Read As Under: -

For Appellant: Shri Jhabakh (CA)- Ld. ARFor Respondent: Shri Nilay Baran Som (CIT)-Ld. DR
Section 131Section 132Section 143(3)Section 153ASection 271F

which has no evidentiary value as per facts and law. 5. The assessing officer and the C.I.T. appeal erred in treating the loan as undisclosed income. 6. The assessing officer and the C.I.T. appeal erred in arriving the capital gain working on Coonoor property sold. 7. The assessing officer