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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

Nm Diagnostics Private Limited, Mumbai vs. DCIT CPC, Bangalore

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

ITA 363/MUM/2022[2017-18]Status: DisposedITAT Mumbai23 May 2022AY 2017-18

Bench: Shri Amit Shukla & Shri Amarjit Singhnm Diagnostics Private Vs. Dcit, Cpc Limited, 32, Bangalore Summerville, Jn. Of 14Th 560500 & 33Rd, Above Bombay Blue Restaurant, Link Road, Khar (West), Mumbai – 400050 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aadcr1280P Appellant .. Respondent Appellant By : Sunil Hirawat Respondent By : C.T. Mathews Date Of Hearing 18.05.2022 Date Of Pronouncement 23.05.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), Nfac, Delhi, Which In Turn Arises From The Order Passed By The A.O. U/S 143(1) Of The Income Tax Act, 1961, For A.Y. 2017-18. The Assessee Has Assailed The Impugned Order On The Following Grounds Before Us: “(1) On Facts & In Law, The Learned Commissioner Of Income-Tax Appeals (Hereinafter Referred To As Ld. Cit(A) Had Erred In Confirming The Disallowance Of Rs.2,08,464/Being Belated Payment Of Provident Fund U/S 36(1)(Va) Of The Income-Tax Act.

For Appellant: Sunil HirawatFor Respondent: C.T. Mathews
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

will take effect from 1st June, 2002. (f) Finance Act, 2003, again makes the position clear that surcharge in respect of block assessment of undisclosed income was made prospective. Such a stipulation ITA No. 363/Mum/2022 A.Y.2017-18 5 NM Diagnostics Pvt. Ltd. Vs. DCIT, CPC, Bangalore is contained in second proviso

Malgudi Foods Pvt. Ltd, Mumbai vs. CPC, Bangalore

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

ITA 2309/MUM/2021[2019-20]Status: HeardITAT Mumbai23 May 2022AY 2019-20

Bench: Shri Amit Shukla & Shri Amarjit Singhmalgudi Foods Pvt. Ltd. Vs. Cpc, Bangalore 8, Kamala Bhavan 560100 Sharma, Industrial Estates Walbhat Road Ram Mandir (E) 400063 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaecm8352L Appellant .. Respondent Appellant By : None Respondent By : B.K. Bagchi Date Of Hearing 13.05.2022 Date Of Pronouncement 23.05.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), Nfac, Delhi, Which In Turn Arises From The Order Passed By The A.O. U/S 154 Of The Income Tax Act, 1961, For A.Y. 2019-20. The Assessee Has Assailed The Impugned Order On The Following Grounds Before Us: “1. On The Facts & Circumstances Of The Case & In Law, The Cit(A) Nfac Erred In Confirming The Disallowance Made Of Rs. 27,62,936/Being Payment Of Pf & Esic Dues W/S 36(1)(Va) Of The Act Considering The Same As Not Deposited On Time Ignoring The Fact That The Delay Was Marginal & Payment Was Made Before Filing The Return.

For Appellant: NoneFor Respondent: B.K. Bagchi
Section 139(1)Section 143(1)Section 154Section 36(1)(va)Section 43B

will take effect from 1st June, 2002. (f) Finance Act, 2003, again makes the position clear that surcharge in respect of block assessment of undisclosed income was made prospective. Such a stipulation is contained in second proviso to sub-section (3) of Section 2 of Finance Act, 2003. This proviso

The Dy CIT, Central Circle-6(4), Mumbai vs. Shri Mehul Johnson, Mumbai

In the result, the appeal filed by the revenue stands dismissed

ITA 1647/MUM/2020[2017-78]Status: DisposedITAT Mumbai19 May 2022AY 2017-78

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 1647/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2017-18) Shri Mehul Johnson, Dcit Cen. Cir. 6(4), 2808, 28Th Floor, R. No. 1925, 19Th Imperial Tower, M P Floor, Air India बिधम/ Mill’S Compound, Building, Nariman Vs. Tardeo, Point, Mumbai-400 034 Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./ Pan No. Abbpj3414H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Mahesh Akhade, Ld. Dr By प्रत्यथीकीओरसे/Respondent : Shri Gautam Jain, Ld. Ar By सुनवाईकीतारीख/ : 11.05.2022 Date Of Hearing घोषणाकीतारीख / : 19.05.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 07.07.2020, Passed By Ld. Cit(A)-54, Mumbai For The Quantum Appeal Of Assessment Passed U/S 143(3)

For Appellant: Shri Mahesh AkhadeFor Respondent: Shri Gautam Jain, Ld
Section 132Section 132(4)Section 143(3)

meaning of Section 69A of the Act and the same are taxed accordingly. Penalty proceedings u/s.271AAC of the Act are hereby initiated for the undisclosed income. 5. Apart from that, AO noted during the course of search, cash aggregating Rs. 5,04,000/- was found. The statement of assessee recorded

Shankar Packgings Ltd., Mumbai vs. NFAC, Delhi

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

ITA 316/MUM/2022[2018-19]Status: DisposedITAT Mumbai18 May 2022AY 2018-19

Bench: Shri Amit Shukla & Shri Amarjit Singhm/S Shankar Packagings Vs. National Faceless Appeal Limited , 303, Turf Centre, Delhi Estate, Shakti Mills New Delhi Lane,Off. Dr. E. Moses Road, Mahalaxmi (West) Mumbai – 400011 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaacs8076P Appellant .. Respondent Appellant By : Apurva R. Shah Respondent By : C.T. Mathews Date Of Hearing 12.05.2022 Date Of Pronouncement 18.05.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), Nfac, Which In Turn Arises From The Order Passed By The A.O. U/S 143(1) Of The Income Tax Act, 1961, For A.Y. 2018-19. The Assessee Has Assailed The Impugned Order On The Following Grounds Before Us: “1. In Not Adjudicating The Appellant'S Claim On Merits Of The Issue But Merely Holding That The Appellant Ought To Have Filed An Appeal Against The Intimation Issued Under Section 143(1) & Not Against The Order Rejecting The Proposal U/S. 154. 2. In Not Appreciating That By The Said Action The Nfac Has Therefore Approved An Incorrect Act Done Whilst Processing The Return Filed.

For Appellant: Apurva R. ShahFor Respondent: C.T. Mathews
Section 139(1)Section 143(1)Section 154Section 36(1)(va)Section 43B

will take effect from 1st June, 2002. (f) Finance Act, 2003, again makes the position clear that surcharge in respect of block assessment of undisclosed income was made prospective. Such a stipulation is contained in second proviso to sub-section (3) of Section 2 of Finance Act, 2003. This proviso