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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

Sonthalia Capital Private Limited, Kolkata vs. DCIT, Circle 7(2), Kolkata

In the result, appeal of the assessee is allowed

ITA 958/KOL/2025[2017-2018]Status: DisposedITAT Kolkata03 Sept 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.958/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2017-2018) Sonthalia Capital Pvt. Ltd., Vs Dcit, Circle-7(2), Kolkata 3Rd Unit No.3, Floor, Ideal Centre, 9, Ajc Bose Road, Circus Aenue, So Kolkata-17 Pan No. :Aabck 4477 F (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri Siddharth Agarwal, Advocate रधजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 11/08/2025 घोषणा की तारीख/Date Of Pronouncement : 03/09/2025 आदेश / O R D E R Per Pradip Kumar Choubey, Jm : The Assessee Has Filed The Instant Appeal Against The Order Dated 06.03.2025, Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-2018. 2. The Assessee Company Filed Its Original Return Of Income For The 2017-18 & Declaring Total Income Of Rs. Rs. 10,14,610/-. Notices Under Section 143(2) & 142(1) Of The Act Were Issued & Served On The Appellant Company & Duly Complied With. Subsequently Assessment Order Under Section 143(3) Of The Act Was Passed On 24.12.2019 Determining Total Income At Rs.59,14,610/-. While Framing The Assessment Order, The Assessing Officer Has Made Additions Under Section 68 Of The Act Amounting To Rs.25,00,000/- & 24,00,000/- With Respect To Loan Received From Linkwise Dealtrade Private Limited (In Short ‘Ldpl’) & Ambala Trafin Private Limited (In Short ‘Atpl’), Respectively.

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri S.B.Chakraborthy, Sr. DR
Section 131Section 143(2)Section 143(3)Section 68

reject it. On the other hand, if the explanation is unconvincing, the same can be rejected and an inference shows that the amount represents undisclosed income either from a disclosed or an undisclosed source [CIT Versus Mohanakala (P) 5]. The explanation given by the assessee cannot be rejected arbitrarily