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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

P.N. Pandian, Chennai vs. ACIT, Central Circle-3(2), Chennai

In the result all the three appeals of the assessee are allowed

ITA 1145/CHNY/2025[2018-19]Status: DisposedITAT Chennai02 Dec 2025AY 2018-19

Bench: Shri Aby T Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita Nos.:1143 To 1145/Chny/2025 िनधा$रण वष$ / Assessment Years: 2014-15, 2017-18 & 2018-19 P. N. Pandian, Acit, No.11/1, Mosque Colony, Vs. Central Circle -3(2), 13Th Street, Maduvankarai, Chennai. Guindy, Chennai – 600 032. [Pan: Ahppp-9266-M] (अपीलाथ"/Appellant) (&'थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri. N.Arjun Raj, Advocate &'थ" की ओर से/Respondent By : Shri. Bipin. C.N., C.I.T. सुनवाई की तारीख/Date Of Hearing : 24.09.2025 घोषणा की तारीख/Date Of Pronouncement : 02.12.2025 आदेश /O R D E R Per S.R.Raghunatha, Am : The Present Appeals Are Filed Against The Order Of Learned Commissioner Of Income Tax (Appeals) - 18, Chennai, (In Short ‘Ld.Cit(A)’) For The Assessment Year (A.Y.) 2014-15 & 2017-18 Both Dated 04.03.2021 & 2018-19 Dated 14.12.2020. Since Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Filed By The Assessee Are Heard Together & Disposed Of By This Consolidated Order.

For Appellant: Shri. N.Arjun Raj, AdvocateFor Respondent: Shri. Bipin. C.N., C.I.T
Section 153ASection 69

assessment proceedings for the A.Y. 2017-18, the assessee has failed to produce any other documentary evidence with respect to the taxability of undisclosed income to the tune of Rs.48,72,765/- relating to the sale of property at Nanmangalam. Finally, on perusal of the assessment order ... case of M/s.Annai Builders Real Estate Pvt Ltd, it is found that the undisclosed income to the tune of Rs.48,72,765/- with respect to the sale of property at Nanmangalam has not been assessed in the hand of M/s.Annai Builders Real Estate Pvt Ltd and accordingly not brought

P.N. Pandian, Chennai vs. ACIT, Central Circle-3(2), Chennai

In the result all the three appeals of the assessee are allowed

ITA 1144/CHNY/2025[2017-18]Status: DisposedITAT Chennai02 Dec 2025AY 2017-18

Bench: Shri Aby T Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita Nos.:1143 To 1145/Chny/2025 िनधा$रण वष$ / Assessment Years: 2014-15, 2017-18 & 2018-19 P. N. Pandian, Acit, No.11/1, Mosque Colony, Vs. Central Circle -3(2), 13Th Street, Maduvankarai, Chennai. Guindy, Chennai – 600 032. [Pan: Ahppp-9266-M] (अपीलाथ"/Appellant) (&'थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri. N.Arjun Raj, Advocate &'थ" की ओर से/Respondent By : Shri. Bipin. C.N., C.I.T. सुनवाई की तारीख/Date Of Hearing : 24.09.2025 घोषणा की तारीख/Date Of Pronouncement : 02.12.2025 आदेश /O R D E R Per S.R.Raghunatha, Am : The Present Appeals Are Filed Against The Order Of Learned Commissioner Of Income Tax (Appeals) - 18, Chennai, (In Short ‘Ld.Cit(A)’) For The Assessment Year (A.Y.) 2014-15 & 2017-18 Both Dated 04.03.2021 & 2018-19 Dated 14.12.2020. Since Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Filed By The Assessee Are Heard Together & Disposed Of By This Consolidated Order.

For Appellant: Shri. N.Arjun Raj, AdvocateFor Respondent: Shri. Bipin. C.N., C.I.T
Section 153ASection 69

assessment proceedings for the A.Y. 2017-18, the assessee has failed to produce any other documentary evidence with respect to the taxability of undisclosed income to the tune of Rs.48,72,765/- relating to the sale of property at Nanmangalam. Finally, on perusal of the assessment order ... case of M/s.Annai Builders Real Estate Pvt Ltd, it is found that the undisclosed income to the tune of Rs.48,72,765/- with respect to the sale of property at Nanmangalam has not been assessed in the hand of M/s.Annai Builders Real Estate Pvt Ltd and accordingly not brought

P.N. Pandian, Chennai vs. ACIT, Central Circle-3(2), Chennai

In the result all the three appeals of the assessee are allowed

ITA 1143/CHNY/2025[2014-15]Status: DisposedITAT Chennai02 Dec 2025AY 2014-15

Bench: Shri Aby T Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita Nos.:1143 To 1145/Chny/2025 िनधा$रण वष$ / Assessment Years: 2014-15, 2017-18 & 2018-19 P. N. Pandian, Acit, No.11/1, Mosque Colony, Vs. Central Circle -3(2), 13Th Street, Maduvankarai, Chennai. Guindy, Chennai – 600 032. [Pan: Ahppp-9266-M] (अपीलाथ"/Appellant) (&'थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri. N.Arjun Raj, Advocate &'थ" की ओर से/Respondent By : Shri. Bipin. C.N., C.I.T. सुनवाई की तारीख/Date Of Hearing : 24.09.2025 घोषणा की तारीख/Date Of Pronouncement : 02.12.2025 आदेश /O R D E R Per S.R.Raghunatha, Am : The Present Appeals Are Filed Against The Order Of Learned Commissioner Of Income Tax (Appeals) - 18, Chennai, (In Short ‘Ld.Cit(A)’) For The Assessment Year (A.Y.) 2014-15 & 2017-18 Both Dated 04.03.2021 & 2018-19 Dated 14.12.2020. Since Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Filed By The Assessee Are Heard Together & Disposed Of By This Consolidated Order.

For Appellant: Shri. N.Arjun Raj, AdvocateFor Respondent: Shri. Bipin. C.N., C.I.T
Section 153ASection 69

assessment proceedings for the A.Y. 2017-18, the assessee has failed to produce any other documentary evidence with respect to the taxability of undisclosed income to the tune of Rs.48,72,765/- relating to the sale of property at Nanmangalam. Finally, on perusal of the assessment order ... case of M/s.Annai Builders Real Estate Pvt Ltd, it is found that the undisclosed income to the tune of Rs.48,72,765/- with respect to the sale of property at Nanmangalam has not been assessed in the hand of M/s.Annai Builders Real Estate Pvt Ltd and accordingly not brought

Maruti Trading Co, Jagatsingh Pur vs. Income Tax Officer, Paradeep Ward, Paradeep

In the result, appeal of the assessee is partly allowed

ITA 250/CTK/2025[2014-15]Status: DisposedITAT Cuttack01 Dec 2025AY 2014-15

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.250/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2014-2015) Maruti Trading Co. Vs Ito, Paradeep Ward, Paradeep At/Po : Panisalia, Dist : Jagatsinghpur Pan No. :Aalfm 3677 L (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri P.R.Mohanty, Ar राज"व क" ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 01/12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 01/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Addl/Jcit(A), Panaji, Dated 26.03.2025 For The Assessment Year 2014-2015. 2. It Was Submitted By The Ld. Ar That Three Additions Have Been Made In The Assessment. The First Addition Was For An Amount Of Rs.43,517/-, Which Was The Alleged Difference Between The Turnover As Disclosed In The Vat Return & The Turnover Disclosed In The It Return. The Assessee Was Unable To Produce Any Vouchers/Bills In Support Of Its Claim Either Before The Ao Or Before The Ld. Cit(A) To Prove The Genuineness Of The Said Purchases. In Absence Of The Same The Ao Has Rightly Made The Addition & The Ld. Cit(A) Has Rightly Upheld The Same. Accordingly, The Addition Made By The Ao & Confirmed By The Ld. Cit(A) Stands Upheld.

For Appellant: Shri P.R.Mohanty, ARFor Respondent: Shri Vijay Singh, Sr. DR

confirmed by the ld. CIT(A) stands upheld. 2 3. In regard to the second issue of addition of Rs.35,633/- on account of undisclosed income received from Hindustan Unilever Limited, it was the submission of the ld. AR that the AO has held that this amount has not been

Sunil K Epari, America vs. ACIT Intl Tax, Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 101/CTK/2025[2017-18]Status: DisposedITAT Cuttack01 Dec 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.101/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) Sunil K Epari, Vs Acit, International Taxation, 123, Putnam Way Silver Spring Bhubaneswar Mechanicsburg, Foreign, United States Of America Pan No. :Abxpe 7883 R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Pranaya Kumar Mishra & Shri Prashant Mishra, Ars राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 01/12/2025 घोषणा की तारीख/Date Of Pronouncement : 01/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Cit(A), Kolkata-22, Dated 28.11.2024 For The Assessment Year 2017-2018. 2. At The Outset, We Found That The Appeal Of The Assessee Is Delayed By 11 Days. In This Regard, The Assessee Has Filed Condonation Of Application Along With Affidavit Stating Sufficient Reasons For Condonation Of Delay, Which Are Not Found To Be False. Ld. Sr. Dr Did Not Object To Condone The Delay. Accordingly, We Condone The Delay Of 11 Days Delay & Proceed To Dispose Off The Appeal. 3. It Was Submitted By The Ld. Ar That Two Additions Are In Dispute. The First Addition Is In Respect Of Cash Deposit Of Rs.15,99,000/- & The Second

For Appellant: Shri Pranaya Kumar MishraFor Respondent: Shri Vijay Singh, Sr. DR

A.Y.2017-2018. The transaction having been done only through bank account that too through NRE account only, it cannot be said that the transactions are undisclosed income of the assessee. This being so, the addition as made by the AO and as confirmed by the ld.CIT(A) of Rs.65