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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

Income Tax Officer, Ward 19(1), New Delhi vs. M/S Oval Investment Private Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 5772/DEL/2024[2017-18]Status: DisposedITAT Delhi23 Dec 2025AY 2017-18

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2017-18] Ito Vs M/S. Oval Investment Pvt. Ltd. Ward-19(1) B-97, 2Nd Floor, Amritpuri, Delhi Garhi East Of Kailash, Delhi-110065. Pan-Aaaco0373R Appellant Respondent Revenue By Shri Shyam Manohar Singh, Sr.Dr Assessee By Shri Mayank Patwari, Adv. & Shri Akash Ojha, Adv. Date Of Hearing 25.09.2025 Date Of Pronouncement 23.12.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Revenue Against The Order Dated 15.10.2024 Of Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Cit(A), Delhi-7/11026/2019-20 Passed U/S 250 Of The Income Tax Act,1961 [“The Act”] Arising Out Of The Assessment Order Dated 31.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is A Private Limited Company & Filed Its Return Of Income On 31.10.2017, Declaring Loss Of Inr 1,25,243/-. The Case Of Assessee Was Selected Under Cass & Assessment Was Completed By Making Additions Towards The Profit Of Inr 1,17,08,931/- On The Sale Of Equity Shares & Profit From F&O Segment Of Inr 86,70,879/- & Further Dividend Income Of Inr 3,38,060/- As Income Of The Assessee & After Reducing The Amount Of Service Tax, Net Addition Of Inr 1,80,37,381/- Was Made By The Ao. Besides This, An Addition Of Inr 2,33,06,326/- Is Made Regarding Credit Balance Appearing In The Name Of M/S Rks Distributor Pvt. Ltd. U/S 68 Of The Act & Further, An Addition Of Inr 9,05,423/- Was Made U/S 14A Of The Act. Accordingly, Total Income Of The Assessee Stood Assessed At Inr 4,21,23,887/-.

Section 143(3)Section 14ASection 250Section 68

erred in deleting the additions totaling to Rs. 1,80,37,381/-made by the A.O. on account of undisclosed income earned by the assessee during the year under consideration on sale of equity, F&O Profit and dividend income for which the assessee received ... Revenue is with respect to the deletion of addition of INR 1,80,37,381/- made by AO by holding the same as undisclosed income earned by the assessee from sale of equity shares and F&O segment and dividend income. 6. Before us, Revenue has vehemently supported the order