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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

Royal Remedies Pharma Healthcare, Delhi vs. Addl. CIT (A), Delhi

Appeal is partly allowed

ITA 3653/DEL/2025[2017-2018]Status: DisposedITAT Delhi08 Aug 2025AY 2017-2018

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2017-18 Royal Remedies Pharma Healthcare Vs. Addl. Cit(A), 2707/B, Floor 1, Sabzi Mandi, Ward 34(5), Civic Centre, Main Bazar, Delhi New Delhi (Pan: Aapfr6429R) (Appellant) (Respondent) Appellant By : None Respondent By : Shri Sangeet Bansal, Sr. Dr. Date Of Hearing 04.08.2025 Date Of Pronouncement 04.08.2025 Order This Appeal Has Been Filed By The Assessee Against The Order Dated 17.01.2025 Passed By The Addl/Jcit(A), Agra For The Assessment Year 2017- 18 On The Following Ground:- 1(A) That The Ld. Cit(A) Has Erred In Law & On Facts In Upholding The Addition Of Rs.5,04,500/- Made By The Ao U/S 68 Of The I.T. Act In Respect Of Cash Deposited In Bank Account In Old Specified Bank Notes During The Period Of Demonetization Period Between 9/11/2016 To 20/11/2016. B) That The Ld. Cit(A) Has Erred In Law & On Facts In Holding That Details Of Persons/Debtors From Whom Realization Of Sale Proceeds Had Been Received In Cash, Had Not Been Produced Before The Aô Whereas

For Appellant: NoneFor Respondent: Shri Sangeet Bansal, Sr. DR
Section 115Section 44ASection 68Section 69

respect of cash sales forming part of audited books of accounts which were found in order by the AO as no rejection of books of accounts has been made by the AO . h) That the Ld. CIT(A) has erred in law and on facts in not appreciating that provisions