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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

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Malbros International Pvt Ltd, Faridkot

In the result, both the appeals and the Cross Objections are dismissed

ITA 992/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh25 Jun 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Years: 2017-18, 2016-17 The Dcit, Vs Malbros International Pvt. Ltd., Central Circle-2, Village – Mansoorwal, Teh-Zira, Ludhiana. Head Offices Old Cantt. Road, Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent & C.O. Nos. 46 & 45/Chd/2024 In आयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Year: 2017-18, 2016-17 Malbros International Pvt. Ltd., The Dcit, Village – Mansoorwal, Teh-Zira, Vs Central Circle-2, Head Offices Old Cantt. Road, Ludhiana. Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 14.05.2025 Date Of Pronouncement : 25.06.2025

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 249Section 253Section 3Section 5

income of assessee should have a reasonable nexus with available material and circumstances of case - Whether, where addition was made without rejection of books of account of assessee and further amounts added were shown in audited accounts, addition made by Assessing Officer could not be sustained - Held, yes [Para ... made addition to income returned by assessee by estimating gross profit - Tribunal held that profits of assessee could not be estimated without rejecting its books of account and deleted addition - Whether no substantial question of law arose from Tribunal's order - Held, yes [Para 5] [In favour of assessee]” Besides

Sushil Kumar, Delhi vs. ACIT, Circle - 22(2), Delhi

In the result, Appeal of the Assessee is allowed

ITA 3482/DEL/2024[2022-23]Status: DisposedITAT Delhi04 Jun 2025AY 2022-23

Bench: Shri M. Balaganesh & Sh. Yogesh Kumar U.S.Sushil Kumar Vs. Acit Shreeram Overseas Circle-22(2) 5520, Bastiharpull C. R. Building, Singh, Sadar Bazar, Delhi Delhi Pan: Aalpk5068M Appellant Respondent Assessee By Sh. Amit Goel, Adv & Sh. Pranav Yadav, Adv Revenue By Sh. Mahesh Kumar, Cit(Dr) Date Of Hearing 07/05/2025 Date Of Pronouncement 04/06/2025 Order Per Yogesh Kumar, U.S. Jm: The Present Appeal Is Filed By The Assessee Against The Order Of The Ld. Cit(A)/National Faceless Appeal Centre (‘Nfac)’ For Short)- Delhi Dated 10/07/2024 Pertaining To The Assessment Year 2022-23. 2. The Grounds Of Appeal Are As Under:- “1.On The Facts & Circumstances Of The Case & In Law, The Cit(A) Erred In Confirming The Addition Of Rs. 12,50,99,530/- Made By The Ao 2. On The Facts & Circumstances Of The Case & In Law, The Assessing Officer Erred In Invoking Provisions Of Section 145(3)

Section 143(2)Section 143(3)Section 144Section 144BSection 145(3)

upheld by the Ld. CIT(A). The Ld. Counsel for the Assessee vehemently submitted that the Ld. A.O. committed gross error in rejecting the books of account on frivolous reason and without any basis, the Ld. A.O. estimated the profit @ 10% on the sales ... duly audited. Further, submitted that, without pointing out any specific defect in the books of account of the Assessee,the Ld. A.O. rejecting the books of accounts and made addition. The Ld Counsel further submitted that the Assessee has produced the details of purchase, sales and stock, Item wise stock