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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

Sh. Gurmeet Singh, New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed and the appeals Revenue are dismissed

ITA 5561/DEL/2016[2008-09]Status: DisposedITAT Delhi07 Mar 2023AY 2008-09

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 5559/Del/2016 : Asstt. Year: 2006-07 Ita No. 5560/Del/2016 : Asstt. Year: 2007-08 Ita No. 5561/Del/2016 : Asstt. Year: 2008-09 Ita No. 5562/Del/2016 : Asstt. Year: 2009-10 Ita No. 5563/Del/2016 : Asstt. Year: 2010-11 Ita No. 5564/Del/2016 : Asstt. Year: 2011-12 Ita No. 5565/Del/2016 : Asstt. Year: 2012-13 Gurmeet Singh, Vs Dcit, C-168, Anand Vihar, Central Circle-20, New Delhi-110092 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaqps9561E Ita No. 5756/Del/2016 : Asstt. Year: 2008-09 Ita No. 5757/Del/2016 : Asstt. Year: 2009-10 Ita No. 5758/Del/2016 : Asstt. Year: 2010-11 Acit, Vs Gurmeet Singh, Central Circle-8, C-168, Anand Vihar, New Delhi-110002 New Delhi-110092 (Appellant) (Respondent) Pan No. Aaqps9561E Assessee By : Sh. Gurdev Singh Chawla, Ca Revenue By : Sh. Paresh Johri, Cit Dr Date Of Hearing: 09.02.2023 Date Of Pronouncement: 07.03.2023

For Appellant: Sh. Gurdev Singh Chawla, CAFor Respondent: Sh. Paresh Johri, CIT DR
Section 132Section 143(3)Section 153Section 153ASection 234BSection 292CSection 68

assessment under section 153A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment ... assessment under section 153A only on the basis of some incriminating , material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment

Sh. Gurmeet Singh, New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed and the appeals Revenue are dismissed

ITA 5560/DEL/2016[2007-08]Status: DisposedITAT Delhi07 Mar 2023AY 2007-08

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 5559/Del/2016 : Asstt. Year: 2006-07 Ita No. 5560/Del/2016 : Asstt. Year: 2007-08 Ita No. 5561/Del/2016 : Asstt. Year: 2008-09 Ita No. 5562/Del/2016 : Asstt. Year: 2009-10 Ita No. 5563/Del/2016 : Asstt. Year: 2010-11 Ita No. 5564/Del/2016 : Asstt. Year: 2011-12 Ita No. 5565/Del/2016 : Asstt. Year: 2012-13 Gurmeet Singh, Vs Dcit, C-168, Anand Vihar, Central Circle-20, New Delhi-110092 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaqps9561E Ita No. 5756/Del/2016 : Asstt. Year: 2008-09 Ita No. 5757/Del/2016 : Asstt. Year: 2009-10 Ita No. 5758/Del/2016 : Asstt. Year: 2010-11 Acit, Vs Gurmeet Singh, Central Circle-8, C-168, Anand Vihar, New Delhi-110002 New Delhi-110092 (Appellant) (Respondent) Pan No. Aaqps9561E Assessee By : Sh. Gurdev Singh Chawla, Ca Revenue By : Sh. Paresh Johri, Cit Dr Date Of Hearing: 09.02.2023 Date Of Pronouncement: 07.03.2023

For Appellant: Sh. Gurdev Singh Chawla, CAFor Respondent: Sh. Paresh Johri, CIT DR
Section 132Section 143(3)Section 153Section 153ASection 234BSection 292CSection 68

assessment under section 153A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment ... assessment under section 153A only on the basis of some incriminating , material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment

Sh. Gurmeet Singh, New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed and the appeals Revenue are dismissed

ITA 5559/DEL/2016[2006-07]Status: DisposedITAT Delhi07 Mar 2023AY 2006-07

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 5559/Del/2016 : Asstt. Year: 2006-07 Ita No. 5560/Del/2016 : Asstt. Year: 2007-08 Ita No. 5561/Del/2016 : Asstt. Year: 2008-09 Ita No. 5562/Del/2016 : Asstt. Year: 2009-10 Ita No. 5563/Del/2016 : Asstt. Year: 2010-11 Ita No. 5564/Del/2016 : Asstt. Year: 2011-12 Ita No. 5565/Del/2016 : Asstt. Year: 2012-13 Gurmeet Singh, Vs Dcit, C-168, Anand Vihar, Central Circle-20, New Delhi-110092 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaqps9561E Ita No. 5756/Del/2016 : Asstt. Year: 2008-09 Ita No. 5757/Del/2016 : Asstt. Year: 2009-10 Ita No. 5758/Del/2016 : Asstt. Year: 2010-11 Acit, Vs Gurmeet Singh, Central Circle-8, C-168, Anand Vihar, New Delhi-110002 New Delhi-110092 (Appellant) (Respondent) Pan No. Aaqps9561E Assessee By : Sh. Gurdev Singh Chawla, Ca Revenue By : Sh. Paresh Johri, Cit Dr Date Of Hearing: 09.02.2023 Date Of Pronouncement: 07.03.2023

For Appellant: Sh. Gurdev Singh Chawla, CAFor Respondent: Sh. Paresh Johri, CIT DR
Section 132Section 143(3)Section 153Section 153ASection 234BSection 292CSection 68

assessment under section 153A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment ... assessment under section 153A only on the basis of some incriminating , material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment

Nazima Zahirabbas, Daman-396210 vs. The Income Tax Officer, Ward-2, Gandhidham-Kutch

The appeal of the assessee is allowed

ITA 240/RJT/2022[2009-10]Status: HeardITAT Rajkot28 Feb 2023AY 2009-10

Bench: Mrs. Annapurna Gupta & Mrs. Madhumita Royिनधा"रणवष"/Assessment Year: 2009-10 Smt. Nazima Zahir Abbas, Vs. Income Tax Officer, Ground Floor, Naval Complex, Ward-2, Khaji Street, Khatkiwad, Gandhidham Daman-396210 Pan : Aafpz 1308 R अपीलाथ"/ (Appellant) ""यथ"/ (Respondent) Assessee By : Shri Hardik Vora, Ar Revenue By : Shri B.D. Gupta, Sr. Dr सुनवाईक"तारीख/Date Of Hearing : 16.02.2023 घोषणाक"तारीख/Date Of Pronouncement: 28.02.2023 आदेश/O R D E R Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against Order Of The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 25.07.2022 Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short] For The Assessment Year (Ay) 2009-10. 2. The Grounds Raised Are As Under:- “1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(Appeals) Has Erred In Confirming Addition Of Rs.8,22,442/- On Account Of Cash Deposit In Bank Account. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(Appeals) Has Erred In Confirming Addition Of Cash Deposit In Joint Bank Account, Which Was Admittedly Disclosed In Her Husband Books. 3. It Is Therefore Prayed That The Above Addition/Disallowance Made By The Assessing Officer May Please Be Deleted.”

For Appellant: Shri Hardik Vora, ARFor Respondent: Shri B.D. Gupta, Sr. DR
Section 143(3)Section 250

Rs.36.10 lakhs while the cash deposits in the bank account were to the tune of Rs.44.32 lakhs, the difference was to be considered as undisclosed income of the assessee. The relevant portion of the remand report reproduced at paragraph No.3.1 of the learned CIT(A)’s order is as under ... which was the amount actually added in the case of the Appellant in the A.Y.2009-10 in respect of above bank account as undisclosed income. Even, for a moment, it is considered that the above-mentioned bank Account No.380010100006439 held with Axis Bank Ltd was considered to be disclosed

All E Consulting Private Limited, New Delhi vs. ITO Ward - 2(2), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes only

ITA 1395/DEL/2020[2013-14]Status: DisposedITAT Delhi24 Feb 2023AY 2013-14

Bench: Shri C.M. Garg & Dr. B.R.R. Kumarassessment Year: 2013-14 All E Consulting Private Ltd., Vs. Ito, Uu 14, Vishakha Enclave, Ward-2(2), Pitampura, New Delhi. New Delhi. Pan: Aafca4787J (Appellant) (Respondent) Assessee By : Shri Bharat Beriwal, Advocate Revenue By : Shri Kanav Bali, Sr. Dr Date Of Hearing : 15.02.2023 Date Of Pronouncement : 24.02.2023 Order Per C.M. Garg: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.07.2019 Of The Cit(A)-32, New Delhi, Relating To Assessment Year 2013-14. 2. The Grounds Of Appeal Taken By The Assessee Read As Under:- “1. The Learned Assessing Officer Has Erred In Making An Addition Of Rs.90,42,333/- On Account Of Undisclosed Income (Turnover) On The Basis Of Tds Credit Shown In The Form 26As Without Taking Into Cognizance The Fact That The Above Amount Is Pertaining To The Holding Company I.E. All E Technologies Private Limited & Surrendered For Taxation Thereon. 2. The Appellant Craves Leave To Add, To Amend, To Alter, To Substitute Or Withdraw Any Of The Grounds Of The Appeal On Or Before The Date Of Disposal Of The Appeal. 3. The Order Is Against The Law & Facts Of The Case.“

For Appellant: Shri Bharat Beriwal, AdvocateFor Respondent: Shri Kanav Bali, Sr. DR

assessee read as under:- “1. The learned Assessing Officer has erred in making an addition of Rs.90,42,333/- on account of undisclosed income (Turnover) on the basis of TDS credit shown in the form 26AS without taking into cognizance the fact that the above amount is pertaining ... Counsel of the assessee submitted that the learned Assessing Officer has erred in making an addition of Rs.90,42,333/- on account of undisclosed income (Turnover) on the basis of TDS credit shown in the form 26AS without taking into cognizance the very important and relevant fact that the above