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“rejection of books of account”

ICDS & AccountingSection 145(3)Section 145(3)1,303 judgments

The decision most relied on for rejection of books of account is Lalchand Bhagat Ambica Ram v. CIT (37 ITR 288), cited in 570 judgments on BharatTax.

Leading authorities on rejection of books of account

Lalchand Bhagat Ambica Ram v. CIT
37 ITR 288 · 1959 · Supreme Court
570
citing judgments

Where an assessee maintains regular books of account, and these books are not rejected or found defective by the Assessing Officer, any cash deposits or available cash shown in the cash book, if sufficient to cover the transaction, cannot be treated as unexplained income or an addition under sections 68 or 69A.

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.

Kachwala Gems v. JCIT
288 ITR 10 · 2007 · Supreme Court
332
citing judgments

In a best judgment assessment, some guesswork is inherent, but the estimate must be fair and not arbitrary. Books of account can be rejected under Section 145(3) if the assessee fails to substantiate entries or prove the genuineness of transactions, leading to estimation of income.

Sreelekha Banerjee v. CIT
49 ITR 112 · 1963 · Supreme Court
281
citing judgments

An assessee must explain the source of entries in their account books and prove that the sums are not income; the department is not initially required to prove anything. However, the department cannot unreasonably reject a good explanation, thereby converting valid proof into no proof.

Commissioner of Sales Tax v. H.M. Esufali H.M. Abdulali
90 ITR 271 · 1973 · Supreme Court
232
citing judgments

The Supreme Court established principles for best judgment assessments, stating that some guesswork is inevitable but the assessment must be bona fide, rational, and free from bias or capriciousness. An appellate authority cannot substitute its judgment for that of the Assessing Officer unless the AO's assessment is shown to be biased, irrational, vindictive, or capricious, especially when the assessee fails to provide proper accounts or counter-evidence.

N.K. Proteins Ltd. v. DCIT
84 Taxmann.com 195 · 2017 · Supreme Court
204
citing judgments

When purchases are found to be entirely bogus and based on fictitious invoices from non-existent or unconfirmed suppliers, the entire amount of such purchases is liable to be added back as unexplained expenditure, not merely a percentage thereof.

Indwell Constructions v. CIT
232 ITR 776 · 1998 · High Court
188
citing judgments

When an assessee's income is estimated after rejecting their books of account, further additions or disallowances for specific expenses are generally not permissible, as the estimation already accounts for these.

Sargam Cinema v. CIT
328 ITR 513 · 2010 · Supreme Court
172
citing judgments

For an Assessing Officer to make a valid reference to the Departmental Valuation Officer for the estimation of the cost of construction, the books of accounts must first be rejected under Section 145(3) of the Income-tax Act.

Judgments citing rejection of books of account

Commercial Transport Organisation, Mumbai vs. ACIT, 27(1), Mumbai, Vashi, Navi Mumbai

In the result, appeal of the assessee is partly allowed

ITA 4965/MUM/2025[2014-15]Status: DisposedITAT Mumbai23 Dec 2025AY 2014-15

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2014-15 Commercial Transport Vs Assistant Commissioner Of Organisation Income Tax - 27(1), 1St Floor, B 112, Navi Mumbai Arjun Centre, Govandi East, Mumbai - 400088 (Pan: Aagfc6565J) Appellant Respondent Present For: Assessee By : Mr. Subodh Ratnaparkhi, Ca Revenue By : Mr. Virabhadra S. Mahajan, Sr. Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 23.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2025-26/1077843575(1), Dated 26.06.2025 Passed Against The Assessment Order By Acit, 27(1), Mumbai U/S.143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 31.12.2016 For Ay 2014-15. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. The Hon Cit(A) Erred In Upholding The Addition Of Rs.1,07,12,240/- Made By The Ld Ao, As Estimated Income, After Rejecting The Books Of Accounts U/S 145(3) Of The I.T Act 1961. The Addition Of Rs.1,07,12,240/- Being Not Warranted By Facts & In Law May Kindly Be Deleted.

For Appellant: Mr. Subodh Ratnaparkhi, CAFor Respondent: Mr. Virabhadra S. Mahajan, Sr. DR
Section 143(3)Section 145(3)Section 40A(3)

erred in upholding the addition of Rs.1,07,12,240/- made by the ld AO, as estimated income, after rejecting the books of accounts u/s 145(3) of the I.T Act 1961. The addition of Rs.1,07,12,240/- being not warranted by facts and in law may kindly ... Transport Organisation Assessment Year 2014-15 2. The Hon CIT(A) erred in upholding the addition of Rs.1,07,12,240/- by rejecting the books of accounts u/s 145(3) of the I.T Act 1961, not appreciating the explanation of the appellant with regards to the apparent defects as well

Assistant Commissioner of Income Tax, Central Circle, Jamshedpur vs. Kilburn Management Services Private Limited, Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 444/RAN/2024[2015-16]Status: DisposedITAT Ranchi18 Dec 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.444/Ran/2024 Assessment Year: 2015-16 Acit, Jamshedpur…….... …………….…….…............................……….……Appellant Vs. Kilburn Management Services Pvt. Ltd..…..….........……........……...…..…..Respondent 119, 4Th Floor, D Block, White House, Park Street, Kol-700016. [Pan: Aabck1160H] Appearances By: Shri Sumit Dasgupdta, Sr. Dr, Appeared On Behalf Of The Appellant. Shri Akshay Ringasia, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2025 Date Of Pronouncing The Order : December 18, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Revenue Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Ld. Cit(A)”) Dated 25.09.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. At The Time Of Hearing, The Ld. Dr Submitted That Although The Tax Effect Involved In The Present Appeal Is Below The Monetary Limit Prescribed Under Cbdt Circular No. 9 Of 2024, The Case Falls Under The Exception Clause Provided In The Circular And, Therefore, The Appeal Of The Revenue Deserves To Be Adjudicated On Merits. 3. Per Contra, The Ld. Ar For The Assessee Strongly Objected To The Said Submission & Contended That Cbdt Circular No. 9 Of 2024 Prescribes The Monetary Limit Of ₹60,00,000 For Filing Appeals Before The Tribunal & In The Present Case, The Tax Effect Is Only ₹15,74,009/-, Which Is Far Below The Prescribed Limit. Even, The Case Of The Present Assessee Does Not Fall Under Any Of The Exceptions Clause Enumerated In The Said

Section 145Section 147Section 250

alleged escaped income of ₹49,94,000/- formed an integral part of the regular books of account maintained by the assessee. No rejection of books of account was made under section 145 of the Act the Act. Besides, that the Ld. CIT(A), while passing the order challenged before ... amount would clearly result in double taxation, which is impermissible in law. Further, while making the addition, the Assessing Officer did not reject the books of account under section 145 of the Act. The Ld. CIT(A), after examining the facts and evidences on record, found no infirmity

Kasturi Medical Centre Private Limited, Joka, Thakurpukur vs. Additional/Joint/Deputy/Assisstant Commissioner of Income Tax/Income-Tax Officer, Delhi

In the result the appeal of the assessee is allowed

ITA 318/KOL/2025[2018-19]Status: DisposedITAT Kolkata12 Dec 2025AY 2018-19

Bench: Shri Manunatha G & Shri Sonjoy Sarmai.T.A. No.318/Kol/2025 Assessment Year: 2018-19 Kasturi Medical Centre Pvt. Ltd……………….................................……….…Appellant 5, Diamond Harbour Road, 3A Bus Stand, Joka, Thakurpukur, W.B – 700104. [Pan: Aacck1872F] Vs. Acit, Nfac, Delhi…….…………..…………….…..….......……..…...…..…..Respondent Appearances By: Shri Indernil Banerjee, Fca, Appeared On Behalf Of The Revenue. Shri Soumitra Ghosh, Sr. Dr, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : September 16, 2025 Date Of Pronouncing The Order : December 12, 2025 Order Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Of The Learned Cit(A) Passed For The Assessment Year 2018–19, Whereby The Addition Of ₹85,40,911 Made By The Assessing Officer On Estimated Basis After Rejection Of Books Of Account Under Section 145(3) Of The Income-Tax Act, 1961 Was Confirmed. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For Ay 2018–19 Declaring Total Income Of ₹2,05,59,220. The Case Was Selected For Complete Scrutiny Under The Scrutiny Assessment Scheme, 2019, Primarily On The Issue Of Large Refund Claimed Out Of Advance Tax. Accordingly, Notices Under Section 143(2) & Section 142(1) Of The Act Along With Questionnaires Were Duly Issued & Served.

Section 142(1)Section 143(2)Section 145(3)

assessment year 2018–19, whereby the addition of ₹85,40,911 made by the Assessing Officer on estimated basis after rejection of books of account under section 145(3) of the Income-tax Act, 1961 was confirmed. 2. Brief facts of the case are that the assessee filed its return ... businessman and decide how business should be conducted. In view of the above facts and legal position, we hold that rejection of books of account under section 145(3) was unjustified, estimation of income at 17% was arbitrary, The addition of ₹85,40,911 is unsustainable. Accordingly, the addition