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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

Income Tax Officer Ward-1(1)(3), Ahmedabad, Income Tax Vejalpur Office Near Sachin Tower vs. Arvindbhai Jewellers Private Limited, Opp Lal Banglow Ahmedabad

In the result, the appeal filed by the Revenue is dismissed

ITA 1113/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad13 Oct 2025AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokarasstt.Year : 2017-18 Ito, Ward-1(1)(3) Vs. Arvindbhai Jewellers Pvt. Ltd. Ahmedabad. 408/5, Arvindbhai House C.G. Road, Opp: Lal Bunglow, Ahmedabad. Pan : Aaeac 9595 R (Applicant) (Responent) Assessee By : Ms.Arti N. Shah, Ar : Shri Alpesh Parmar, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 09/10/2025 घोषणा क" तारीख /Date Of Pronouncement: 13/10/2025 आदेश आदेश/O R D E R आदेश आदेश

For Appellant: Ms.Arti N. Shah, AR
Section 115BSection 142(1)Section 143(3)Section 145(3)Section 250Section 271ASection 68

assessee had inflated cash sales with the motive of explaining unaccounted cash deposits during the demonetisation period. He therefore rejected the books of account under section 145(3) of the Act and held that the cash deposits of Rs.9,37,76,500/- were not supported by genuine sales and represented ... made the addition merely on the basis of doubts and suspicions regarding the timing and volume of sales. The assessee submitted that rejection of books of account under section 145(3) was not justified when no discrepancy was established in the stock records and when the accounts were duly audited

DCIT, CC-I, Chandigarh vs. M/S Manohar Infrastructure & Construction Pvt. Ltd., Chandigarh

Appeal stands partly allowed

ITA 1306/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh07 Oct 2025AY 2012-13

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.1285/Chandi/2017 (िनधा"रण वष" / Assessment Year: 2011-12) & 2. आयकर अपील सं. / Ita No.1286/Chandi/2017 (िनधा"रण वष" / Assessment Year: 2012-13) M/S Manohar Infrastructure & Dcit Constructions Pvt. Ltd. Central Circle-1 बनाम/ Vs. Sco No 139-141 Sector 17-C Chandigarh. Chandigarh "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecm-8616-P (अपीलाथ"/Appellant) : (""थ" / Respondent) & 3. आयकर अपील सं. / Ita No.1306/Chandi/2017 (िनधा"रण वष" / Assessment Year: 2012-13) Dcit M/S Manohar Infrastructure & बनाम/ Central Circle-1 Constructions Pvt. Ltd. Chandigarh. Sco No 139-141 Sector 17-C Vs. Chandigarh "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecm-8616-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Harry Rikhy (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Sarabjeet Singh (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 09-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 01/10/2025

For Appellant: Shri Harry Rikhy (Advocate) – Ld. ARFor Respondent: Shri Sarabjeet Singh (CIT) – Ld. DR
Section 131Section 132(1)Section 132(4)Section 153ASection 153A(1)(b)

contrary to law & facts of the case. 2. That the Learned CIT(A) has erred in law and facts in confirming the rejection of books of account without deliberating on the submissions made by the assessee. 3. That the Learned CIT(A) has erred in confirming addition of Rs.2 ... elaborate written submissions which have already been extracted at para-4 of the impugned order. The assessee assailed the rejection of books of accounts and also pleaded that the persons whose statements were recorded by AO were not offered to be cross-examined. The impugned additions were made

Manohar Infrastructure and Constructions Pvt. Ltd., Chandigarh vs. DCIT, CC-1, Chandigarh

Appeal stands partly allowed

ITA 1286/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh07 Oct 2025AY 2012-13

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.1285/Chandi/2017 (िनधा"रण वष" / Assessment Year: 2011-12) & 2. आयकर अपील सं. / Ita No.1286/Chandi/2017 (िनधा"रण वष" / Assessment Year: 2012-13) M/S Manohar Infrastructure & Dcit Constructions Pvt. Ltd. Central Circle-1 बनाम/ Vs. Sco No 139-141 Sector 17-C Chandigarh. Chandigarh "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecm-8616-P (अपीलाथ"/Appellant) : (""थ" / Respondent) & 3. आयकर अपील सं. / Ita No.1306/Chandi/2017 (िनधा"रण वष" / Assessment Year: 2012-13) Dcit M/S Manohar Infrastructure & बनाम/ Central Circle-1 Constructions Pvt. Ltd. Chandigarh. Sco No 139-141 Sector 17-C Vs. Chandigarh "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecm-8616-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Harry Rikhy (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Sarabjeet Singh (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 09-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 01/10/2025

For Appellant: Shri Harry Rikhy (Advocate) – Ld. ARFor Respondent: Shri Sarabjeet Singh (CIT) – Ld. DR
Section 131Section 132(1)Section 132(4)Section 153ASection 153A(1)(b)

contrary to law & facts of the case. 2. That the Learned CIT(A) has erred in law and facts in confirming the rejection of books of account without deliberating on the submissions made by the assessee. 3. That the Learned CIT(A) has erred in confirming addition of Rs.2 ... elaborate written submissions which have already been extracted at para-4 of the impugned order. The assessee assailed the rejection of books of accounts and also pleaded that the persons whose statements were recorded by AO were not offered to be cross-examined. The impugned additions were made

Manohar Infrastructure and Constructions Pvt. Ltd., Chandigarh vs. DCIT, CC-1, Chandigarh

Appeal stands partly allowed

ITA 1285/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh07 Oct 2025AY 2011-12

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.1285/Chandi/2017 (िनधा"रण वष" / Assessment Year: 2011-12) & 2. आयकर अपील सं. / Ita No.1286/Chandi/2017 (िनधा"रण वष" / Assessment Year: 2012-13) M/S Manohar Infrastructure & Dcit Constructions Pvt. Ltd. Central Circle-1 बनाम/ Vs. Sco No 139-141 Sector 17-C Chandigarh. Chandigarh "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecm-8616-P (अपीलाथ"/Appellant) : (""थ" / Respondent) & 3. आयकर अपील सं. / Ita No.1306/Chandi/2017 (िनधा"रण वष" / Assessment Year: 2012-13) Dcit M/S Manohar Infrastructure & बनाम/ Central Circle-1 Constructions Pvt. Ltd. Chandigarh. Sco No 139-141 Sector 17-C Vs. Chandigarh "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecm-8616-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Harry Rikhy (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Sarabjeet Singh (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 09-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 01/10/2025

For Appellant: Shri Harry Rikhy (Advocate) – Ld. ARFor Respondent: Shri Sarabjeet Singh (CIT) – Ld. DR
Section 131Section 132(1)Section 132(4)Section 153ASection 153A(1)(b)

contrary to law & facts of the case. 2. That the Learned CIT(A) has erred in law and facts in confirming the rejection of books of account without deliberating on the submissions made by the assessee. 3. That the Learned CIT(A) has erred in confirming addition of Rs.2 ... elaborate written submissions which have already been extracted at para-4 of the impugned order. The assessee assailed the rejection of books of accounts and also pleaded that the persons whose statements were recorded by AO were not offered to be cross-examined. The impugned additions were made

ACIT, Circle-24(1), Mumbai vs. Mahavir Associates, Mumbai

In the result, the appeal of the Revenue is partly allowed while CO of the assessee is dismissed

ITA 1134/MUM/2025[2015-16]Status: DisposedITAT Mumbai07 Oct 2025AY 2015-16

Bench: Shri Pawan Singh & Shri Prabhash Shankarassistant Commissioner Of V/S. Mahavir Associates Income Tax, Circle – 24(1), बनाम Gala No. 1, Apollo Chamber, 601, 6Th Floor, Piramal Mogra Pada Road, Andheri Chambers, Mumbai – 400012, East, Mumbai – 400 069, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aakfm0307L Appellant/अपीलाथी .. Respondent/प्रतिवादी प्रत्याक्षेपसं/C.O. No.83/Mum/2025 (Arising Out Of Ita No. 1134/Mum/2025) (A.Y. 2015-16) Mahavir Associates V/S. Assistant Commissioner Of Gala No. 1, Apollo बनाम Income Tax, Circle – 24(1), Chamber, Mogra Pada 601, 6Th Floor, Piramal Road, Andheri East, Chambers, Mumbai – 400 012, Mumbai – 400 069, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aakfm0307L Appellant/अपीलार्थी .. Respondent/प्रतिवादी Assessee By : Shri Narendra Patel, Ar Revenue By: Shri Annavaran Kosuri (Sr. Ar) Date Of Hearing 21.08.2025 Date Of Pronouncement 07.10.2025 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- The Instant Appeals Preferred By The Revenue & Cross Objection Of The Assessee Emanate From The Appellate Order Passed By The Learned

For Appellant: Shri Narendra Patel, ARFor Respondent: Shri Annavaran Kosuri (Sr. AR)
Section 133ASection 144Section 41(1)

difference in the income as disclosed during the course of Survey and as actually offered by the assessee. The AO rejected the books of accounts for different reasons and made the assessment u/s 144 making an addition of Rs.1,50,48,000/- on account of Understated stock, Rs.71 ... case of M/s. Kanchwala Gems wherein the Hon’ble Supreme Court has held that where certain purchases remained unverifiable, the rejection of books of accounts is a correct step. 4. In the subsequent appeal before the ld.CIT(A),the assessee made various submissions which have been discussed in the appellate