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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. Biraja Construction, Jajpur vs. ACIT (Central Circle), Cuttack

In the result, all the three appeals of the assessee are allowed

ITA 203/CTK/2022[2016-17]Status: DisposedITAT Cuttack12 Oct 2023AY 2016-17

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.200 To 203/Ctk/2022 (ननधाारण वषा / Assessment Year : 2013-2014 To 2016-2017) M/S Biraja Construction, Vs Acit, Central Circle, Cuttack Ganapatipur, Kodandapur, Jajpur-755001 Pan No. :Aadfb 6414 A (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 12/10/2023 घोषणा की तारीख/Date Of Pronouncement : 12/10/2023 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Bhubaneswar, Dated 31.10.2022, Passed In I.T.Appeal No.:Bhubaneswar-2/10113/2012-13, 2/10380/2013-14, 2/10310/2014-15 & 2/10410/2015-16, For The Assessment Years 2013-2014, 2014-2015, 2015-2016, 2016-2017, Respectively 2. It Was Submitted By The Ld. Ar That The Facts In All The Cases Are Identical. It Was The Submission That There Was A Search On The Premises Of The Assessee On 27.02.2019. Notice U/S.153A Of The Act Came To Be Issued On 07.02.2020. The Return Came To Be Filed In Response To The Notice U/S.153A Of The Act On 19.03.2020. It Was The Submission That The 2

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Dr. Abani Kanta Nayak, CIT-DR
Section 132Section 132ASection 143(1)Section 143(2)Section 143(3)Section 153Section 153ASection 194A

during the search and other material which would include income declared in the returns, if any, furnished by the assessee as well as the undisclosed income. However, in case during the search no incriminating material is found, in case of completed/unabated assessment, the only remedy available to the Revenue would

M/S. Biraja Construction, Jajpur vs. ACIT (Central Circle), Cuttack

In the result, all the three appeals of the assessee are allowed

ITA 202/CTK/2022[2015-16]Status: DisposedITAT Cuttack12 Oct 2023AY 2015-16

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.200 To 203/Ctk/2022 (ननधाारण वषा / Assessment Year : 2013-2014 To 2016-2017) M/S Biraja Construction, Vs Acit, Central Circle, Cuttack Ganapatipur, Kodandapur, Jajpur-755001 Pan No. :Aadfb 6414 A (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 12/10/2023 घोषणा की तारीख/Date Of Pronouncement : 12/10/2023 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Bhubaneswar, Dated 31.10.2022, Passed In I.T.Appeal No.:Bhubaneswar-2/10113/2012-13, 2/10380/2013-14, 2/10310/2014-15 & 2/10410/2015-16, For The Assessment Years 2013-2014, 2014-2015, 2015-2016, 2016-2017, Respectively 2. It Was Submitted By The Ld. Ar That The Facts In All The Cases Are Identical. It Was The Submission That There Was A Search On The Premises Of The Assessee On 27.02.2019. Notice U/S.153A Of The Act Came To Be Issued On 07.02.2020. The Return Came To Be Filed In Response To The Notice U/S.153A Of The Act On 19.03.2020. It Was The Submission That The 2

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Dr. Abani Kanta Nayak, CIT-DR
Section 132Section 132ASection 143(1)Section 143(2)Section 143(3)Section 153Section 153ASection 194A

during the search and other material which would include income declared in the returns, if any, furnished by the assessee as well as the undisclosed income. However, in case during the search no incriminating material is found, in case of completed/unabated assessment, the only remedy available to the Revenue would

M/S. Biraja Construction, Jajpur vs. ACIT (Central Circle), Cuttack

In the result, all the three appeals of the assessee are allowed

ITA 201/CTK/2022[2014-15]Status: DisposedITAT Cuttack12 Oct 2023AY 2014-15

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.200 To 203/Ctk/2022 (ननधाारण वषा / Assessment Year : 2013-2014 To 2016-2017) M/S Biraja Construction, Vs Acit, Central Circle, Cuttack Ganapatipur, Kodandapur, Jajpur-755001 Pan No. :Aadfb 6414 A (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 12/10/2023 घोषणा की तारीख/Date Of Pronouncement : 12/10/2023 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Bhubaneswar, Dated 31.10.2022, Passed In I.T.Appeal No.:Bhubaneswar-2/10113/2012-13, 2/10380/2013-14, 2/10310/2014-15 & 2/10410/2015-16, For The Assessment Years 2013-2014, 2014-2015, 2015-2016, 2016-2017, Respectively 2. It Was Submitted By The Ld. Ar That The Facts In All The Cases Are Identical. It Was The Submission That There Was A Search On The Premises Of The Assessee On 27.02.2019. Notice U/S.153A Of The Act Came To Be Issued On 07.02.2020. The Return Came To Be Filed In Response To The Notice U/S.153A Of The Act On 19.03.2020. It Was The Submission That The 2

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Dr. Abani Kanta Nayak, CIT-DR
Section 132Section 132ASection 143(1)Section 143(2)Section 143(3)Section 153Section 153ASection 194A

during the search and other material which would include income declared in the returns, if any, furnished by the assessee as well as the undisclosed income. However, in case during the search no incriminating material is found, in case of completed/unabated assessment, the only remedy available to the Revenue would

M/S. Biraja Construction, Jajpur vs. ACIT (Central Circle), Cuttack

In the result, all the three appeals of the assessee are allowed

ITA 200/CTK/2022[2013-14]Status: DisposedITAT Cuttack12 Oct 2023AY 2013-14

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.200 To 203/Ctk/2022 (ननधाारण वषा / Assessment Year : 2013-2014 To 2016-2017) M/S Biraja Construction, Vs Acit, Central Circle, Cuttack Ganapatipur, Kodandapur, Jajpur-755001 Pan No. :Aadfb 6414 A (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 12/10/2023 घोषणा की तारीख/Date Of Pronouncement : 12/10/2023 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Bhubaneswar, Dated 31.10.2022, Passed In I.T.Appeal No.:Bhubaneswar-2/10113/2012-13, 2/10380/2013-14, 2/10310/2014-15 & 2/10410/2015-16, For The Assessment Years 2013-2014, 2014-2015, 2015-2016, 2016-2017, Respectively 2. It Was Submitted By The Ld. Ar That The Facts In All The Cases Are Identical. It Was The Submission That There Was A Search On The Premises Of The Assessee On 27.02.2019. Notice U/S.153A Of The Act Came To Be Issued On 07.02.2020. The Return Came To Be Filed In Response To The Notice U/S.153A Of The Act On 19.03.2020. It Was The Submission That The 2

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Dr. Abani Kanta Nayak, CIT-DR
Section 132Section 132ASection 143(1)Section 143(2)Section 143(3)Section 153Section 153ASection 194A

during the search and other material which would include income declared in the returns, if any, furnished by the assessee as well as the undisclosed income. However, in case during the search no incriminating material is found, in case of completed/unabated assessment, the only remedy available to the Revenue would

Yogesh Gunvantlal Ronvelia, Valsad vs. Income Tax Officer, International Taxation, Surat

In the result, the appeal of the assessee is allowed

ITA 516/SRT/2023[2011-12]Status: DisposedITAT Surat12 Oct 2023AY 2011-12

Bench: Dr. A. L. Saini, Am आयकर अपील सं./Ita No.516/Srt/2023 ("नधा"रण वष" / Assessment Year: (2011-12) (Physical Court Hearing) Shri Yogesh Gunvantlal Ronvelia Income Tax Officer, 704-B/Riddhi Siddhi Apartment, [International Taxation], Surat, Vs. Halar Road, Valsad-396001 107 Anavil Business Centre, Adajan Hajira Road, Surat- 395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Amvpr 5835 P (अपीलाथ"/Assessee) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri Rajesh Upadhyay, Ar िनधा"रती की ओर से /Respondent By Shri Vinod Kumar, Sr. Dr सुनवाईकीतारीख/Date Of Hearing 21/09/2023 घोषणाकीतारीख/Date Of Pronouncement 12/10/2023 आदेश / Order Per Dr. A. L. Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2011-12, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-13, Ahmedabad [In Short “Ld. Cit(A)”] Dated 30.05.2023, Which In Turn Arises Out Of An Assessment Order Passed By The Income Tax Officer, Under Section 144 R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’), Dated 20.12.2018. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1. Ld. Cit[A], Has Erred In Law & On Facts To Upheld A.O’S Reopening Of Assessee’S Assessment U/S 147 & Issue Of Notice U/S 148 Of I.T Act. 2. Ld. Cit(A) Has Erred In Law & On Facts To Uphold Addition Of Rs.9,00,000/- Out Of A.O’S Addition Of Rs.11,00,000/- Made On Account Of Cash Deposit In Assessee’S Bank Account With Central Bank Of India Ignoring The Evidences & Facts That Assessee’S Father Has Withdrawn Cash From The Said Bank Account Prior To Make Deposit.”

Section 142(1)Section 144Section 147Section 148Section 151(1)Section 69

Assessee completely failed to discharge his duty. Therefore, assessing officer held that the cash deposited of Rs.11,50,000/- is nothing but assessee`s undisclosed income which has been earned during the year ITA.516/SRT/2023 AY.11-12 Sh. Yogesh G. Ronvelia under consideration and as the source of deposit / investment remains unexplained

Dileshkumar Gordhanbhai Patel, Adipur vs. DCIT, Gandhidham Circle, Gandhidham

In the result, the appeal of the assessee is allowed

ITA 100/RJT/2023[2013-14]Status: DisposedITAT Rajkot11 Oct 2023AY 2013-14

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumar(Through Web-Based Video Conferencing Platform) िनधा"रणवष"/Assessment Year: 2013-14 Shri Dileshkumar Gordhanbhai Vs. The Dcit, Patel Gandhidham Circle, Venus Plaster Industries, Plot Gandhidham (Kutch) No.89, Ward-2B, Adipur (Kutch) Pan : Aaopp 4484 D अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Mehul Ranpura, Ar Revenue By : Shri Shramdeep Sinha, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 17.07.2023 घोषणा क" तारीख /Date Of Pronouncement: 11.10.2023 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals)-11, Ahmedabad [Hereinafter Referred To As “Cit(A)” For Short] Confirming The Action Of The Assessing Officer In Levying Penalty Of Rs. 5,04,500/- Under Section 271Aab Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act” For Short] For The Assessment Year 2013-14. 2. The Ground Raised By The Assessee Is As Under:- “The Learned Commissioner Of Income-Tax (Appeals)-11, Ahmedabad [Cit(A)] Erred On Facts As Also In Law In Confirming The Penalty Of Rs.5,04,500/- Levied U/S 271Aab Of The Act On The Ad-Hoc Disclosure Of Rs.50,45,000/-. The Penalty Confirmed U/S 271Aab Of The Act Is Totally Unjustified On Facts As Also In Law, May Kindly Be Deleted.” 3. The Primary Argument Of The Learned Counsel For The Assessee Against The Levy Of Penalty Was That The Income Surrendered By The Assessee During

For Appellant: Shri Mehul Ranpura, ARFor Respondent: Shri Shramdeep Sinha, CIT-DR
Section 132Section 132(4)Section 153ASection 271A

penalty was that the income surrendered by the assessee during 2 Dileshkumar Gordhanbhai Patel Vs. DCIT AY : 2013-14 search did not quality as “undisclosed income” on which the penalty is leviable under Section 271AAB of the Act. The argument of the ld. Counsel for the assessee was that ... undisclosed income as defined in Section 271AAB of the Act refers to tangible material found during search, and mere admission of the assessee dehors any material found during search would not qualify as undisclosed income for the purposes of levying penalty under Section 271AAB of the Act. 4. Having stated