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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

Parv Bansal L/H of Late Sh. Anil Kumar Bansal, New Delhi vs. DCIT Central Circle 31, New Delhi

Accordingly, Ground of appeal No.6 raised by the assessee is partly allowed

ITA 1057/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2012-13] Parv Bansal Vs Dcit L/H Of Late Shri Anil Kumar Central Circle-31 Bansal, 208, 2Nd Floor, S-524 New Delhi Vikas Marg Shakarpur, New Delhi-110092. Pan-Aafpb2542K Appellant Respondent [Assessment Year : 2012-13] Dcit Vs Parv Bansal Central Circle-31 L/H Of Late Shri Anil Kumar New Delhi Bansal, 208, 2Nd Floor, S-524 Vikas Marg Shakarpur, New Delhi-110092. Pan-Aafpb2542K Appellant Respondent Assessee By Dr. Rakesh Gupta, Adv, Shri Deepesh Garg, Adv. Shri Shrey Jain, Adv. & Shri Saksham Agarwal, Ca Revenue By Ms. Pooja Swaroop, Cit Dr & Shri Rajesh Kumar Dhanesta, Sr.Dr Date Of Hearing 30.07.2025 Date Of Pronouncement 24.10.2025 Order

Section 133ASection 143(2)Section 143(3)Section 154Section 250Section 254Section 68

side of the same i.e. incoming of funds and wherever the incoming of funds were short, the amounts of outgoing be also considered as undisclosed income. 8. As per Ld. AR, these directions clearly indicate that income of the assessee should be computed only to the extent of the cash ... cash and cheques were recorded, Revenue has allowed deduction on account of cheque transactions however, treated the cash transactions under the same code as undisclosed income of the assessee by ignoring the fact that the code used against both of the transactions i.e. in cheque and cash both

Assistant Commissioner of Income Tax, Central Circle-2, Madurai vs. Transworld Garnet India Pvt Ltd., Chennai

ITA 1875/CHNY/2025[2015-16]Status: DisposedITAT Chennai23 Oct 2025AY 2015-16

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.:1872, 1873, 1875, 1877 & 1878/Chny/2025 निर्धारण वर्ष / Assessment Years: 2013-14, 2014-15, 2015-16, 2016-17 & 2017-18 Acit, Central Circle -2, Madurai. Vs. Transworld Garnet India Pvt. Ltd., 500, Pantheaon Road, Egmore S.O., Chennai - 600 008. [Pan: Aaact-3408-N] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. R.Venkata Raman, C.A. प्रत्यर्थी की ओर से/Respondent By : Shri. Shiva Srinivas, C.I.T. सुनवाई की तारीख /Date Of Hearing : 24.09.2025 घोषणा की तारीख/Date Of Pronouncement : 23.10.2025 आदेश /Order Per S. R. Raghunatha, Am : These Five Appeals Preferred By The Revenue Are Directed Against The Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-19, Chennai [Hereinafter Referred To As “The Id.Cit(A)”]. The Impugned Orders Of The Id.Cit(A) Arise Out Of The Assessment Orders Framed By The Assistant Commissioner Of Income Tax, Central Circle-2, Madurai [Hereinafter Referred To As “The Ao”], In Respect Of The Assessment Years 2013-14 To 2017-18. The Particulars Of The Respective Appeals Filed By The Revenue Are Set Out Hereinbelow:- S. No

For Appellant: Shri. R.Venkata Raman, C.AFor Respondent: Shri. Shiva Srinivas, C.I.T
Section 132Section 132(4)Section 142(1)Section 143(2)Section 153ASection 40A(3)

completed the impugned assessments u/s.153A r.w.s 143(3) of the Act making the following additions: - (Amount in Rs.) AY Undisclosed Income by booking bogus expenses (1) Disallowance u/s.40A(3) (2) Inflated Expenses (3) Unaccounted Cash Receipts (4) Total ... facts of the case, as emanating from the record, are that for the AYs 2013-14 and 2014-15, the AO made additions towards undisclosed income under two distinct heads, viz., (i) booking of expenses claimed to be bogus, and (ii) unaccounted cash receipts. 7. The addition towards bogus expenses