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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

Vijay M Pai, Chennai vs. DCIT, CC - 1 (4), Chennai

ITA 3064/CHNY/2019[2010-11]Status: DisposedITAT Chennai21 Sept 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.3064/Chny/2019 िनधा"रण वष"/Assessment Years: 2010-11 Shri Vijay M Pai, Vs. The Deputy Commissioner Of No. 16, Velliyan Road, Kotturpuram, Income Tax, Chennai 600 085. Central Circle 1(4), Chennai. [Pan:Aaepp5069Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Seetharaman, Ca ""थ" की ओर से/Respondent By : Shri Guru Bashyam, Cit-Dr सुनवाई की तारीख/ Date Of Hearing : 14.07.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-18, Chennai Dated 22.08.2019 Relevant To The Assessment Year 2010-11. In The Grounds Of Appeal, The Assessee Has Raised Following Grounds: 1) Your Petitioner Submits That The Assessing Officer & Commissioner Of Income Tax(Appeals) Erred In Addition To Capital Gains Of Rs.5,68,75,000/- & Addition Of Expenses Related To Sale Is Rs.4,00,00,000/-. 2) Your Petitioner Submits That At The Time Of Cross Examinations, There Exists No Such Receipt At All As No Monies Were Received By Your Petitioner. Your Petitioner Is Being Subjected To The Assessment Purely On The Basis Of Mrs. Pramila Wealth Tax & Income Tax Returns Which She Has Filed After A Search In Her Premises Earlier.

For Appellant: Shri S. Seetharaman, CAFor Respondent: Shri Guru Bashyam, CIT-DR
Section 132Section 143(2)Section 153A

sale of property at Arunachalam Road, Kotturpuram, Chennai to the extent of ₹.5,68,75,000/- should not be treated as his undisclosed income. In reply to the questionnaire, the assessee filed a letter dated 17.01.2013 and submitted that the property has been sold by the assessee

Haris Kalandan Mohammed, Mangaluru vs. Principal Commissioner of Income Tax (Central), Bengaluru

In the result, the appeal filed by assessee stands allowed on merits

ITA 435/BANG/2022[2018-19]Status: DisposedITAT Bangalore21 Sept 2022AY 2018-19

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2018-19 Shri Haris Kalandan Mohammed, The Principal D.No. 23-10-810, Commissioner Of Umay Bagh, Income Tax 1St Cross, [Central], Yemmekere, Vs. Bengaluru. Mangaluru – 575 001. Pan: Abjph9234P Appellant Respondent Assessee By : Shri V. Srinivasan, Advocate : Shri Praveen Karanth, Cit- Revenue By Dr Date Of Hearing : 14-09-2022 Date Of Pronouncement : 21-09-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 22/03/2022 Passed By Ld.Pr.Cit U/S. 263 For A.Y. 2018-19 On Following Grounds Of Appeal: “1. The Order Of Revision Passed By The Learned Principal Commissioner Of Income Tax [Central], Bengaluru, Under Section 263 Of The Act Dated 22/03/2022, In So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case. 2. The Learned Principal Commissioner Of Income Tax Is Not Justified In Law & On Facts To Set Aside The Assessment

For Appellant: Shri V. Srinivasan, Advocate
Section 115BSection 132Section 132(4)Section 143Section 143(3)Section 153DSection 263Section 68

accounted. In the statement recorded U/s. 132(4) of the IT Act, 1961, the assessee admitted an amount of Rs. 28,84,727/- as undisclosed income on account of cash payment for the construction of house for AY 2018-19. However, the admitted income of Rs.28 ... made. In the statement recorded u/s 132(4) of IT Act during search proceedings, you admitted the amount of Rs.28,84,727/- as undisclosed income on account of cash payment for the construction of house for AY 2018-19. 4. The admitted income was not declared

Syed Mohammed Rizwan, Bangalore vs. Income Tax Officer, Ward-2(2)(8), Bangalore

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

ITA 696/BANG/2022[2017-18]Status: DisposedITAT Bangalore20 Sept 2022AY 2017-18

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S.Shri Syed Mohammed Rizwan Vs The Income Tax Officer-2(2)(8) No. 193, 1St Main Road Bmtc Depot Sheshadripuram Koramangala Bangalore 560020 Bengaluru 560095 Pan – Afvpr3337R (Appellant) (Respondent) Assessee By: Shri B.R. Sudheendra, Ca Revenue By: Shri K.R. Narayan, Addl Cit-Dr Date Of Hearing: 12/09/2022 Date Of Pronouncement: 20/09/2022 O R D E R Per: Padmavathy, A.M. This Appeal Is Against The Order Of The Commissioner Of Income Tax(Appeals)-11, Bangalore Dated 22.07.2022 For Ay 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. General Ground 1.1 The Order Passed By The Cit(A) 11, Bangalore Is Bad In Law & 'Liable To Be Quashed. 2. Assessment Order Passed In Violation Of Principles Of Natural Justice 2.1 The Learned Ao Erred In Making The Addition Under Section 68 Amounting To Rs. 3,99,46,180, Rs. 33,69,742 & .The Disallowance Of Interest Under Section 24(B) Amounting To Rs. 2,00,000 In An Undue, Haste & Mechanical Manner Without Properly Considering The Details & Documents Filed During The Assessment. 2.2 The Learned Ao Erred In Passing The Assessment Order & Erred In Making The Impugned Additions Without Issuing Any Show Cause Notice

For Appellant: Shri B.R. Sudheendra, CAFor Respondent: Shri K.R. Narayan, Addl CIT-DR
Section 143(2)Section 234BSection 24Section 68

same as unexplained cash deposits in the bank account cannot be faulted with. In relation to unconfirmed unsecured loans considered by the AO as undisclosed income of the appellant, the onus was upon the appellant to prove the creditworthiness of the lenders, their identities and the genuineness of the transactions

M/S. Janatha Fish Meal & Oil Products, Udupi vs. Principal Commissioner of Income Tax, (Central), Bengaluru

In the result, the appeal filed by the assessee is allowed

ITA 489/BANG/2022[2018-19]Status: DisposedITAT Bangalore20 Sept 2022AY 2018-19

Bench: Shri N.V. Vasudevan & Ms.Padmavathy S.M/S. Janatha Fish Meal & Vs Pcit, Central Oil Products C.R. Building D.No. 1-4(9), Manur Fisheries Queen'S Road Road, Kota, Post Kota Bengaluru 560001 Udupi 0576221 Pan – Aaefj1257G (Appellant) (Respondent) Assessee By: Shri V. Narendra Sharma, Advocte Revenue By: Shri Manjunath Karkihalli, Cit-Dr Date Of Hearing: 14/09/2022 Date Of Pronouncement: 20/09/2022 O R D E R Per: Padmavathy, A.M. This Appeal Is Against The Revision Order Passed Under Section 263 Of The Income Tax Act, 1961 (The Act) Dated 28.03.2022 Passed For Ay 2018-19 By The Principal Commissioner Of Income Tax, (Pcit) Bangalore.

For Appellant: Shri V. Narendra Sharma, AdvocteFor Respondent: Shri Manjunath Karkihalli, CIT-DR
Section 115BSection 143Section 153DSection 263Section 269Section 269SSection 69C

assessment order wherein the AO has taken note of the fact that the impugned amount of Rs.4.5crores is already disclosed as undisclosed income and assessed the same accordingly in AY 2017-18. Therefore it is submitted that there is no error in the order of assessment of the AO warranting ... been recorded in the books of accounts. It is also noted by the AO that the amount invested has already been taxed as undisclosed income is already offered to tax in AY 2017-18. Further from the combined reading of the above provisions it is clear that section 269ST