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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

Golf Technologies Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 5569/DEL/2012[2010-11]Status: DisposedITAT Delhi21 Jan 2021AY 2010-11

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5567/Del/2012 : Asstt. Year: 2008-09 Ita No. 5568/Del/2012 : Asstt. Year: 2009-10 Ita No. 5569/Del/2012 : Asstt. Year: 2010-11 Golf Technologies Pvt. Ltd. Vs Acit, Gk House-187A, Flat No. 102, Central Circle-11, Sant Nagar, East Of Kailash New Delhi New Delhi (Appellant) (Respondent) Ita No. 5540/Del/2012 : Asstt. Year : 2007-08 Acit, Vs Golf Technologies Pvt. Ltd. Central Circle-11, Gk House-187A, Flat No. 102, New Delhi Sant Nagar, East Of Kailash New Delhi (Appellant) (Respondent) Pan No. Aaccg4538J Assessee By : Sh. R. S. Ahuja, Ca Revenue By : Ms. Sunita Singh, Cit Dr Date Of Hearing: 11.11.2020 Date Of Pronouncement:21.01.2021 Order Per Dr. B. R. R. Kumar: These Three Appeals Have Been Filed By The Assessee & One Appeal Has Been Filed By The Revenue Against The Orders Of The Ld. Cit(A)-Xxxi, New Delhi Dated 28.08.2012. 2. Since, The Issues Involved In All The Appeals Of The Assessee Are Common, They Were Heard Together. Golf Technologies Pvt. Ltd. 3. In Ita No. 5567/Del/2012 For The Ay 2008-09, Following Effective Grounds Have Been Raised By The Assessee:

For Appellant: Sh. R. S. Ahuja, CAFor Respondent: Ms. Sunita Singh, CIT DR
Section 36

disallowed and added back, out of total purchase made by the assessee company during the relevant previous year and considered as undisclosed income in the hands of the assessee company for the assessment year 2008-09. 14. The ld. CIT (A) has adjudicated the issue holding as under: “Wherein

Golf Technologies Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 5568/DEL/2012[2009-10]Status: DisposedITAT Delhi21 Jan 2021AY 2009-10

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5567/Del/2012 : Asstt. Year: 2008-09 Ita No. 5568/Del/2012 : Asstt. Year: 2009-10 Ita No. 5569/Del/2012 : Asstt. Year: 2010-11 Golf Technologies Pvt. Ltd. Vs Acit, Gk House-187A, Flat No. 102, Central Circle-11, Sant Nagar, East Of Kailash New Delhi New Delhi (Appellant) (Respondent) Ita No. 5540/Del/2012 : Asstt. Year : 2007-08 Acit, Vs Golf Technologies Pvt. Ltd. Central Circle-11, Gk House-187A, Flat No. 102, New Delhi Sant Nagar, East Of Kailash New Delhi (Appellant) (Respondent) Pan No. Aaccg4538J Assessee By : Sh. R. S. Ahuja, Ca Revenue By : Ms. Sunita Singh, Cit Dr Date Of Hearing: 11.11.2020 Date Of Pronouncement:21.01.2021 Order Per Dr. B. R. R. Kumar: These Three Appeals Have Been Filed By The Assessee & One Appeal Has Been Filed By The Revenue Against The Orders Of The Ld. Cit(A)-Xxxi, New Delhi Dated 28.08.2012. 2. Since, The Issues Involved In All The Appeals Of The Assessee Are Common, They Were Heard Together. Golf Technologies Pvt. Ltd. 3. In Ita No. 5567/Del/2012 For The Ay 2008-09, Following Effective Grounds Have Been Raised By The Assessee:

For Appellant: Sh. R. S. Ahuja, CAFor Respondent: Ms. Sunita Singh, CIT DR
Section 36

disallowed and added back, out of total purchase made by the assessee company during the relevant previous year and considered as undisclosed income in the hands of the assessee company for the assessment year 2008-09. 14. The ld. CIT (A) has adjudicated the issue holding as under: “Wherein

Golf Technologies Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 5567/DEL/2012[2008-09]Status: DisposedITAT Delhi21 Jan 2021AY 2008-09

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5567/Del/2012 : Asstt. Year: 2008-09 Ita No. 5568/Del/2012 : Asstt. Year: 2009-10 Ita No. 5569/Del/2012 : Asstt. Year: 2010-11 Golf Technologies Pvt. Ltd. Vs Acit, Gk House-187A, Flat No. 102, Central Circle-11, Sant Nagar, East Of Kailash New Delhi New Delhi (Appellant) (Respondent) Ita No. 5540/Del/2012 : Asstt. Year : 2007-08 Acit, Vs Golf Technologies Pvt. Ltd. Central Circle-11, Gk House-187A, Flat No. 102, New Delhi Sant Nagar, East Of Kailash New Delhi (Appellant) (Respondent) Pan No. Aaccg4538J Assessee By : Sh. R. S. Ahuja, Ca Revenue By : Ms. Sunita Singh, Cit Dr Date Of Hearing: 11.11.2020 Date Of Pronouncement:21.01.2021 Order Per Dr. B. R. R. Kumar: These Three Appeals Have Been Filed By The Assessee & One Appeal Has Been Filed By The Revenue Against The Orders Of The Ld. Cit(A)-Xxxi, New Delhi Dated 28.08.2012. 2. Since, The Issues Involved In All The Appeals Of The Assessee Are Common, They Were Heard Together. Golf Technologies Pvt. Ltd. 3. In Ita No. 5567/Del/2012 For The Ay 2008-09, Following Effective Grounds Have Been Raised By The Assessee:

For Appellant: Sh. R. S. Ahuja, CAFor Respondent: Ms. Sunita Singh, CIT DR
Section 36

disallowed and added back, out of total purchase made by the assessee company during the relevant previous year and considered as undisclosed income in the hands of the assessee company for the assessment year 2008-09. 14. The ld. CIT (A) has adjudicated the issue holding as under: “Wherein

Daawat Foods Ltd., New Delhi vs. ACIT, New Delhi

In the result, assessee’s appeal in ITA

ITA 4158/DEL/2013[2008-09]Status: DisposedITAT Delhi19 Jan 2021AY 2008-09

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) & Daawat Foods Ltd., Vs. Acit, Unit No.134, 1St Floor, Central Circle – 19, Rectangle I, New Delhi Saket District Centre, Saket, New Delhi-110 017 Pan No. Aaccd 3698 N (Appellant) (Respondent) Assessee By Shri Ajay Vohra, Sr. Adv. Shri Rohit Jain, Adv. Ms. Deepashree Rao, C.A. Shri Vibhu Gupta, C.A. Revenue By Ms. Nidhi Srivastava, Cit-D.R Date Of Hearing: 17/12/2020 Date Of Pronouncement: 19/01/2021 Order Per Anil Chaturvedi, Am: Both The Appeals Filed By The Assessee Are Directed Against The Order Dated 28.03.2013 Of The Commissioner Of Income Tax (A)-Xxxiii, New Delhi Relating To Assessment Years 2007-08 & 2008-09. Ita Nos.4157 & 4158/Del/2013 Daawat Foods Ltd Vs. Acit A.Y. 2007-08 & 2008-09 2 2. The Relevant Facts As Culled From The Material On Records Are As Under:

Section 132Section 142Section 143(1)Section 153A

words, there will be only one assessment order in respect of each of the six assessment years "in which both the disclosed and the undisclosed income would be brought to tax". (iv) Although section 153A does not say that additions should be strictly made on the basis of evidence found ... 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

Daawat Foods Ltd., New Delhi vs. ACIT, New Delhi

In the result, assessee’s appeal in ITA

ITA 4157/DEL/2013[2007-08]Status: DisposedITAT Delhi19 Jan 2021AY 2007-08

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) & Daawat Foods Ltd., Vs. Acit, Unit No.134, 1St Floor, Central Circle – 19, Rectangle I, New Delhi Saket District Centre, Saket, New Delhi-110 017 Pan No. Aaccd 3698 N (Appellant) (Respondent) Assessee By Shri Ajay Vohra, Sr. Adv. Shri Rohit Jain, Adv. Ms. Deepashree Rao, C.A. Shri Vibhu Gupta, C.A. Revenue By Ms. Nidhi Srivastava, Cit-D.R Date Of Hearing: 17/12/2020 Date Of Pronouncement: 19/01/2021 Order Per Anil Chaturvedi, Am: Both The Appeals Filed By The Assessee Are Directed Against The Order Dated 28.03.2013 Of The Commissioner Of Income Tax (A)-Xxxiii, New Delhi Relating To Assessment Years 2007-08 & 2008-09. Ita Nos.4157 & 4158/Del/2013 Daawat Foods Ltd Vs. Acit A.Y. 2007-08 & 2008-09 2 2. The Relevant Facts As Culled From The Material On Records Are As Under:

Section 132Section 142Section 143(1)Section 153A

words, there will be only one assessment order in respect of each of the six assessment years "in which both the disclosed and the undisclosed income would be brought to tax". (iv) Although section 153A does not say that additions should be strictly made on the basis of evidence found ... 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