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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

Mre. Kranti Bagad, Mumbai vs. Dy CIT, CC-1(1), Mumbai

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

ITA 458/MUM/2021[2013-14]Status: DisposedITAT Mumbai03 Feb 2022AY 2013-14

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalemrs. Kranti Bagad, Vs. Dcit, Cc-1(1) 1302, Sidhivinayak 9Th Floor, Pratistha Chs Ltd, Plot No. 3, Bhavan, Old Cgo Bldg Sector – 14, Khanda Annexe, Mk Road, Colony, New Panvel, Mumbai – 400020. Panvel – 410206. Maharashtra "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ahppb2241N Appellant .. Respondent Appellant By : Ms.Hiral.D.Sejpal. C.A. Ar Respondent By : Mr.K.K.Mishra. Cit.Dr Date Of Hearing 09.12.2021 Date Of Pronouncement 14.02.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm:

For Appellant: Ms.Hiral.D.Sejpal. C.A. ARFor Respondent: Mr.K.K.Mishra. CIT.DR
Section 142(1)Section 143(3)Section 153ASection 68

Income Tax Act, 1961 ('the Act'), ignoring the fact that no incriminating material or evidence was found or seized during the search reflecting undisclosed income. 2. He further erred in making a factual observation that the appellant's bank pass books and cheque books were found during the search ... incriminating material or evidence was found or seized in the search proceedings considering as the undisclosed income. The Ld. AR also submitted that no bank pass book or cheque book of the unsecured loan lenders or creditors were found during the search at the premises to treat as undisclosed income