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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

Dy. Commissioner of Income Tax, Noida vs. M/S Rudra Buildwell Homes Pvt. Ltd, Delhi

ITA 602/DEL/2025[2016]Status: DisposedITAT Delhi29 Aug 2025

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2016-17 Vs. M/S. Rudra Buildwell Homes Dcit, Central Circle-I, Noida Pvt. Ltd., 53, Okhla Phase, Delhi Pan: Aafcr6959P (Appellant) (Respondent) With C.O. No.106/Del/2025 [Arising Out Of Ita No.602/Del/2025] Assessment Year: 2016-17 M/S. Rudra Buildwell Vs. Dcit, Central Circle-I, Homes Pvt. Ltd., Noida A-66, Sector-63, Noida Pan: Aafcr6959P (Appellant) (Respondent) Assessee By Sh. Rohit Kapoor, Adv. Sh. Veersen Agarwal, Itp Department By Sh. Rajesh Chandra, Cit(Dr) Date Of Hearing 12.08.2025 Date Of Pronouncement 29.08.2025 Order Per Satbeer Singh Godara, Jm This Revenue’S Appeal Ita No.602/Del/2025 & Assessee’S Cross Objection C.O. No. 106/Del/2025 For Assessment Year 2016-

Section 143(3)Section 148Section 148ASection 151Section 151(1)Section 151(2)

credit-worthiness of parties and genuineness of transactions Further, Assessing Officer had not brought on record any evidence to prove that said sum was undisclosed income of assessee Whether, on facts, impugned addition made undersection 68 on account of said amount received by assessee was unjustified and same ... onus is discharged, it is for the revenue to prove that the credit found in the books of accounts of the assessee is the undisclosed income of assessee. In the circumstances obtaining in the present case, in our view, the assessee has discharged that initial onus. The assessee

Harshit Kochar, New Delhi vs. ACIT Central Circle 17 New Delhi, Jhandewalan New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 5072/DEL/2024[2017-18]Status: DisposedITAT Delhi29 Aug 2025AY 2017-18

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarharshit Kochar, Vs. Acit, Central Circle 17, 5, Kasturba Gandhi Marg, New Delhi. New Delhi – 110 001. (Pan : Amypk0228N) (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate Shri Parth Singhal, Advocate Revenue By : Shri Dayainder Singh Sidhu, Cit Dr Date Of Hearing : 04.06.2025 Date Of Order : 29 .08.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-27, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 06.10.2023 For Assessment Year 2017-18 Raising Following Grounds Of Appeal :- “1. That The Learned Lower Authorities Have Erred In Nor Appreciating Either On The Fact Or Circumstance, Of The Case & Further Has Erred In Upholding The Addition Of Rs.21,26,142/- U/S 69A R.W.S, 115Bbe Of The Act Which Is Bad In Law.

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 127Section 132Section 143(2)Section 69A

assessee has submitted copies of bills, accordingly the same was adjusted and the difference amount was added to the income of the assessee as undisclosed income and made addition to the extent of Rs40,68,442/- u/s 69A of the Act. 5. Further during the course of search ... explain the source of investment for purchase of abovesaid watches. Accordingly, he proceeded to 6 make addition u/s 69A of the Act on the undisclosed income of the assessee and also invoked the provisions of section 115BBE to the extent of Rs.92,37,000/-. 7. Also other additions of unexplained