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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

Shruti Vinimay Limited, Nagpur vs. DCIT, Central Circle 4(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 223/MUM/2023[2010-11]Status: DisposedITAT Mumbai20 Sept 2023AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.223/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) Shruti Vinimay Private बिधम/ Dcit, Central Circle-4(3) Limited Room No.1921, 19Th Vs. 502, Mahalaxmi Apartment Floor, Air India Building, Shivaji Nagar, Nagpur Nariman Point, Mumbai- (Urban) Nagpur-440010, 400021. Maharashtra, India. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aajcs4629R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bhupendra Shah Revenue By: Shri Ganesh Shah (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 22/08/2023 घोषणा की तारीख /Date Of Pronouncement: 20/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax-52 [Hereinafter Referred To As “The Cit(A)], Mumbai Dated 15.12.2022 For Assessment Year 2010-11. 2. At The Outset, The Ld. Ar Of The Assessee, After A Preliminary Hearing Has Not Pressed Ground No. 1 & 2 Raised In The Revised/Additional Ground Of Appeal Filed Before Us Viz Action Of The Transfer Of The Case From Kolkata To Mumbai U/S 127 Of The Income Tax Act, 1961 (Hereinafter “The Act) As Well As The Action Of Ao First Of All, Dropping The Proceedings Initiated U/S 153C Of The Act & Instead Resorting To The Impugned Re-Opening Of Assessment, Which According To Assessee Is Bad In Law. Since The Aforesaid Two (2) Grounds Have Not Been Pressed By The Ld. Ar Both Grounds Stands Dismissed. 3. Coming To The Next Ground Of Appeal Of The Assessee, Which Is Against The Action Of The Ao To Have Reopened The Assessment U/S 147 Of The Act By Issuance Of Notice U/S 148 Of The Act Which According To The Assessee Is Bad In Law. Since It Is A Legal Issue The Same Is Dealt With.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Ganesh Shah (Sr. AR)
Section 127Section 147Section 148Section 153C

right as to the finality of proceedings. Quietus of the completed assessments can be disturbed only when there is information or evidence regarding undisclosed income or AO had information in his possession showing escapement of income as stipulated u/s 147 of the Act. As per Section

Jt CIT (OSD), CC-3(1), Mumbai vs. Vallabhbhai Parsottambhai Surani, Surat

In the result, appeal filed by the Revenue is dismissed

ITA 498/MUM/2021[2007-08]Status: DisposedITAT Mumbai15 Sept 2023AY 2007-08

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blejt. Commissioner Of Income Tax (Osd) V. Vallabhbhai Parsottambhai Surani Central Circle – 3(1) 1, Sundaram Bunglow Room No. 1924, 19Th Floor Lambe Hanuman Road Air India Building, Nariman Point Opp. Saiffe Society Mumbai – 400 021 Gujrat - 395006 Pan: Ajyps2262F (Appellant) (Respondent) C.O. No.164/Mum/2021 [Arising Out Of Ita No. 498/Mum/2021 (A.Y: 2007-08)] Vallabhbhai Parsottambhai Surani V. Jt. Commissioner Of Income Tax (Osd) 1, Sundaram Bunglow Central Circle – 3(1) Room No. 1924, 19Th Floor Lambe Hanuman Road Air India Building, Nariman Point Opp. Saiffe Society Mumbai – 400 021 Gujrat - 395006 Pan: Ajyps2262F (Appellant) (Respondent) Assessee Represented By : Shri Bharat Kumar Department Represented By : Dr. Mahesh Akhade

Section 132Section 139(1)Section 142Section 143(3)Section 153A

books of accounts of the assessee and group concerns. Assessing Officer as well as Ld.CIT(A) unable to bring any materials seized which shows undisclosed income and found from assessee’s premises. These accounts formed part of the returns filed with the authorities and such regular books of accounts maintained ... Income-tax Act, 1961 – Search and seizure – Assessment in case of (Conditions precedent) – Whether object of section 153A is to bring under tax undisclosed income which is found during course of search or pursuant to search or requisition; therefore, only in a case where undisclosed income is found on basis