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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

Rudrapratap Tripathi, Mumbai vs. CIT (Appeals)-II, Thane

In the result, the appeal filed by the assessee is allowed in the manner indicated above

ITA 1730/MUM/2020[2011-12]Status: DisposedITAT Mumbai28 Jul 2022AY 2011-12

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am 1. आयकरअपीलसं./ I.T.A. No. 1730/Mum/2020 (ननधधारणवर्ा / Assessment Year: 2011-12) Dcit Cir-3, Rudra Pratap Tripathi R. No. 2, B-Wing, 6Th Prop. M/S Indian Corporation, Floor, Ashar It Park, 502, Modi House, 5Th Floor बनाम/ Road No. 16, Wagle Indl. Opp. Rto Office Vs. Estate, Thane, Eastern Express Highway, Maharashtra, Thane West, Maharashtra Pin-400 604 Pin-400 602 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Actpt0115A (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri S. K. Garg, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Smt. Mahita Nair, Ld. Dr सुनवधईकीतधरीख/ : 13.07.2022 Date Of Hearing घोर्णधकीतधरीख / : 28.07.2022 Date Of Pronouncement

For Appellant: Shri S. K. Garg, Ld. ARFor Respondent: Smt. Mahita Nair, Ld. DR
Section 143(3)Section 24

Rs.69,45,500/- be accepted and one half of the same which worked out to Rs.34,72,750/- [as had been sustained as „undisclosed income‟ by the ld. CIT(A)] is directed to be modified. No doubt, the level of agricultural income as shown in this year is higher ... allowed and the appellant gets a relief of Rs.34,72,750/- [which had been assessed by the ld. CIT(A) as undisclosed income.] 16. Coming to ground no.6, which refers to an addition of Rs.2,93,188/-as had been made by the ld. Assessing Officer, owing to variation between

Dr. P. Dayananda Pai, Bangalore vs. The Deputy Commissioner of Income Tax, Circle- 2(2), Bangalore

In the result, appeal of the Assessee is partly allowed for statistical purpose

ITA 150/BANG/2020[2005-06]Status: DisposedITAT Bangalore26 Jul 2022AY 2005-06

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year :2005-06 Dr. P Dayananda Pai, Vs. Dcit, 10/1, Lakshminarayana Complex, Circle – 2(2), Palace Road, Bengaluru. Bengaluru – 560 052. Pan : Abapp 4418 Q Appellant Respondent Assessee By : Shri. R. Ramakrishnan, Ca Revenue By : Smt. Susan Dolores George, Cit(Osd)(Itat), Bengaluru. Date Of Hearing : 19.07.2022 Date Of Pronouncement : 26.07.2022 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Order Dated 9.12.2019 Of Cit(A)-11, Bengaluru, Relating To Ay 2005-06. 2. The Assessee Is An Individual. He Is Also Referred To As “Pdp” In This Order. He Is In The Business Of Real Estate For Over Four Decades. He Carried On Business Of Real Estate In His Individual Capacity. From Ay 95-96 He Transferred All The Rights In Properties Under Various Agreements To A Partnership Firm “M/S.P.Dayanand Pai”, Vide Deed Of Partnership Dated 1-4-1994. In This Firm Mr.P.Dayanand Pai & His Brother Mr.P.Satish & 9 Other Individuals Were Partners. Thereafter By A Deed Of Partnership Dated 9.6.2000 The Firm “M/S.P.Dayanada Pai” Merged Its Business With Another Partnership Firm “M/S.Canara Housing Development Company” (Hereinafter Page 2 Of 39

For Appellant: Shri. R. Ramakrishnan, CAFor Respondent: Smt. Susan Dolores George, CIT(OSD)(ITAT), Bengaluru
Section 10Section 132Section 139Section 143(3)Section 147Section 148Section 149Section 151Section 153Section 153A

fact that these are recorded in the books of accounts of CHDC. There is no correlation as to how these entries represent undisclosed income of Assessee. When these entries are recorded in the books of accounts of CHDC, there can be no adverse inference drawn whatsoever as against the Assessee ... transactions from the seized material and though they pertain to CHDC, the Assessee in his capacity as partner has owned up 25% of the undisclosed income so culled out. The SC has accepted the said disclosure. 26. In paragraph 14 of his order the AO has made reference to transactions