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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

Bipin Babu Agrawal, Mathura vs. ACIT, Central Circle, Agra

The appeal stands partly allowed

ITA 149/AGR/2022[2019-20]Status: DisposedITAT Agra28 Mar 2025AY 2019-20

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.149/Agr/2022 (िनधा"रणवष" / Assessment Year: 2019-20) Shri Bipin Babu Agarwal Dcit / Acit बनाम/ 16, Kamla Vihar Colony Central Circle Vs. Masani, Mathura 281 001 Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aawpa-0864-C (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri M. M. Agrawal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Arun Kumar Yadav – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2019-20 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Kanpur-4 [Cit(A)] Dated 28-06-2022 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 30-09-2021. Having Heard Vehement Arguments Of Both The Sides & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under. During The Year, The Assessee Being Resident Individual Carried Out Business Activities In Proprietorship Concern Namely M/S Parshant Silver Handicrafts. Assessment Proceedings 2.1 The Assessee’S Return Of Income Was Scrutinized Pursuant To Search Action On R.S. Bullion & Jewellers Group Of Cases At Mathura

For Appellant: Shri M. M. Agrawal (CA) – Ld. ARFor Respondent: Dr. Arun Kumar Yadav – Ld. CIT-DR
Section 132Section 143(3)

shown by the appellant as Rs. 2,61,62,636/-. Thus addition of Rs.1,86,24,196/- was made on account of rejection of books of accounts by invoking provisions of section 145(3) of IT Act and estimating NP by taking best NP rate of appellant himself in last ... hereby upheld. The reliance of the appellant in the various judicial pronouncements in the matter of rejection of books of accounts and invocation of provisions of section 145(3) of IT Act is misplaced since in the search proceedings the evidences have been found and seized and they clearly indicate

D.C.I.T., Range-3, Lucknow vs. Shri Manoj Gupta, Lucknow

In the result, both appeals of the department and the assessee are partly allowed

ITA 444/LKW/2020[2015-16]Status: DisposedITAT Lucknow19 Mar 2025AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudharyassessment Year: 2015-16 Manoj Gupta Acit, Range-3 V. B-1/76, Sector K, Aliganj, 27/2, P.K. Complex, Raja Lucknow-226024. Ram Mohan Rai Marg, Lucknow-226001. Pan:Aeopgg7740K (Appellant) (Respondent) Assessment Year: 2015-16 Dcit, Range-3 V. Manoj Gupta 27/2, Raja Ram Mohan Rai B-1/76, Sector K, Aliganj, Marg, P. K. Complex, Lucknow- Lucknow-226024. 226001. Pan: Aeopgg7740K (Appellant) (Respondent) Appellant By: None Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 18.02.2025 Date Of Pronouncement: 19.03.2025 O R D E R Per Nikhil Choudhary, A.M.: Both These Appeals Arise Out Of The Order Of The Ld. Commissioner Of Income Tax Appeals-1, Lucknow [Hereinafter Referred As To “Ld. Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred As To “The Act”] Dated 18.09.2020 For The Assessment Year 2015-16. While Ita. No.355/Lkw/2020 Has Been Filed By The Assessee, Ita. No.444/Lkw/2020 Has Been Filed By The Department. As The Issues Involved In Both These Appeals Are Similar & Arise Out Of The Same Orders, The Appeals Are Taken Up For Disposal Together. The Grounds Of Appeal In Ita. No.355/Lkw/2020 Are As Under: -

For Appellant: NoneFor Respondent: Shri Sanjeev Krishna Sharma, Addl
Section 133(6)Section 143(3)Section 145(3)Section 194CSection 250Section 68

failed to produce the books of account during the assessment, appeal and remand proceedings. However, he observed that the AO had not rejected the books of account and still made an addition on account of Sundry Creditors i.e. the AO had accepted the claim of purchases of Rs.3 ... Creditors or the difference in balances of creditors as reported by them. However, he observed that it was a fit case for rejection of books of account under section 145(3) of the Act and since the order of the Ld. CIT(A) was co-terminus with that

Shri Manoj Gupta, Lucknow vs. ACIT, Range-3, Lucknow

In the result, both appeals of the department and the assessee are partly allowed

ITA 355/LKW/2020[2015-16]Status: DisposedITAT Lucknow19 Mar 2025AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudharyassessment Year: 2015-16 Manoj Gupta Acit, Range-3 V. B-1/76, Sector K, Aliganj, 27/2, P.K. Complex, Raja Lucknow-226024. Ram Mohan Rai Marg, Lucknow-226001. Pan:Aeopgg7740K (Appellant) (Respondent) Assessment Year: 2015-16 Dcit, Range-3 V. Manoj Gupta 27/2, Raja Ram Mohan Rai B-1/76, Sector K, Aliganj, Marg, P. K. Complex, Lucknow- Lucknow-226024. 226001. Pan: Aeopgg7740K (Appellant) (Respondent) Appellant By: None Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 18.02.2025 Date Of Pronouncement: 19.03.2025 O R D E R Per Nikhil Choudhary, A.M.: Both These Appeals Arise Out Of The Order Of The Ld. Commissioner Of Income Tax Appeals-1, Lucknow [Hereinafter Referred As To “Ld. Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred As To “The Act”] Dated 18.09.2020 For The Assessment Year 2015-16. While Ita. No.355/Lkw/2020 Has Been Filed By The Assessee, Ita. No.444/Lkw/2020 Has Been Filed By The Department. As The Issues Involved In Both These Appeals Are Similar & Arise Out Of The Same Orders, The Appeals Are Taken Up For Disposal Together. The Grounds Of Appeal In Ita. No.355/Lkw/2020 Are As Under: -

For Appellant: NoneFor Respondent: Shri Sanjeev Krishna Sharma, Addl
Section 133(6)Section 143(3)Section 145(3)Section 194CSection 250Section 68

failed to produce the books of account during the assessment, appeal and remand proceedings. However, he observed that the AO had not rejected the books of account and still made an addition on account of Sundry Creditors i.e. the AO had accepted the claim of purchases of Rs.3 ... Creditors or the difference in balances of creditors as reported by them. However, he observed that it was a fit case for rejection of books of account under section 145(3) of the Act and since the order of the Ld. CIT(A) was co-terminus with that

DCIT, Central Circle-2(4), Ahmedabad vs. Hiralal Dayaram Thakkar, Ahmedabad

In the result, appeal of the Revenue is partly allowed for statistical purposes and the cross objection of the assessee is dismissed

ITA 159/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad12 Mar 2025AY 2014-15

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 157, 158 & 159/Ahd/2024 & Cross Objection Nos. 39, 40 & 41/Ahd/2024 ("नधा"रण वष" / Assessment Years : 2012-13, 2013-14 & 2014-15) बनाम/ Dcit Hiralal Dayaram Thakkar Central Circle-2(4), 1, Nilkanth Complex, Nr. Vs. Ahmedabad Tv-9, Jivraj Park, Gujarat – 380051 Hiralal Dayaram Thakkar & Dcit 1, Nilkanth Complex, Nr. Central Circle-2(4), Tv-9, Jivraj Park, Gujarat Ahmedabad - 380051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aanpt3721E (Appellant / Cross Objector) .. (Respondent) Shri Vivek Chavda & Shri Nishit Assessee By : Jesur, A.Rs. Revenue By : Shri Kalpesh Rupavatia, Sr. Dr 06/03/2025 Date Of Hearing Date Of Pronouncement 12/03/2025

For Appellant: Jesur, A.RsFor Respondent: Shri Kalpesh Rupavatia, Sr. DR
Section 250Section 68

maintaining his accounts in accordance with the recognized method of accounting of project completion or percentage completion method. Therefore, he rejected the books of accounts of the assessee and estimated the profit @ 20%. Accordingly, the assessment for A.Y. 2012-13 was completed u/s.143(3) r.w.s. 153A ... respect of the second ground of estimation of income, the Ld. Sr. DR submitted that the Ld. CIT(A) had upheld the rejection of books of accounts by the AO. However, he was not correct in reducing the estimation of income as made by the AO from

DCIT, Central Circle-2(4), Ahmedabad vs. Hiralal Dayaram Thakkar, Ahmedabad

In the result, appeal of the Revenue is partly allowed for statistical purposes and the cross objection of the assessee is dismissed

ITA 158/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad12 Mar 2025AY 2013-14

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 157, 158 & 159/Ahd/2024 & Cross Objection Nos. 39, 40 & 41/Ahd/2024 ("नधा"रण वष" / Assessment Years : 2012-13, 2013-14 & 2014-15) बनाम/ Dcit Hiralal Dayaram Thakkar Central Circle-2(4), 1, Nilkanth Complex, Nr. Vs. Ahmedabad Tv-9, Jivraj Park, Gujarat – 380051 Hiralal Dayaram Thakkar & Dcit 1, Nilkanth Complex, Nr. Central Circle-2(4), Tv-9, Jivraj Park, Gujarat Ahmedabad - 380051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aanpt3721E (Appellant / Cross Objector) .. (Respondent) Shri Vivek Chavda & Shri Nishit Assessee By : Jesur, A.Rs. Revenue By : Shri Kalpesh Rupavatia, Sr. Dr 06/03/2025 Date Of Hearing Date Of Pronouncement 12/03/2025

For Appellant: Jesur, A.RsFor Respondent: Shri Kalpesh Rupavatia, Sr. DR
Section 250Section 68

maintaining his accounts in accordance with the recognized method of accounting of project completion or percentage completion method. Therefore, he rejected the books of accounts of the assessee and estimated the profit @ 20%. Accordingly, the assessment for A.Y. 2012-13 was completed u/s.143(3) r.w.s. 153A ... respect of the second ground of estimation of income, the Ld. Sr. DR submitted that the Ld. CIT(A) had upheld the rejection of books of accounts by the AO. However, he was not correct in reducing the estimation of income as made by the AO from

DCIT, Central Circle-2(4), Ahmedabad vs. Hiralal Dayaram Thakkar, Ahmedabad

In the result, appeal of the Revenue is partly allowed for statistical purposes and the cross objection of the assessee is dismissed

ITA 157/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad12 Mar 2025AY 2012-13

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 157, 158 & 159/Ahd/2024 & Cross Objection Nos. 39, 40 & 41/Ahd/2024 ("नधा"रण वष" / Assessment Years : 2012-13, 2013-14 & 2014-15) बनाम/ Dcit Hiralal Dayaram Thakkar Central Circle-2(4), 1, Nilkanth Complex, Nr. Vs. Ahmedabad Tv-9, Jivraj Park, Gujarat – 380051 Hiralal Dayaram Thakkar & Dcit 1, Nilkanth Complex, Nr. Central Circle-2(4), Tv-9, Jivraj Park, Gujarat Ahmedabad - 380051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aanpt3721E (Appellant / Cross Objector) .. (Respondent) Shri Vivek Chavda & Shri Nishit Assessee By : Jesur, A.Rs. Revenue By : Shri Kalpesh Rupavatia, Sr. Dr 06/03/2025 Date Of Hearing Date Of Pronouncement 12/03/2025

For Appellant: Jesur, A.RsFor Respondent: Shri Kalpesh Rupavatia, Sr. DR
Section 250Section 68

maintaining his accounts in accordance with the recognized method of accounting of project completion or percentage completion method. Therefore, he rejected the books of accounts of the assessee and estimated the profit @ 20%. Accordingly, the assessment for A.Y. 2012-13 was completed u/s.143(3) r.w.s. 153A ... respect of the second ground of estimation of income, the Ld. Sr. DR submitted that the Ld. CIT(A) had upheld the rejection of books of accounts by the AO. However, he was not correct in reducing the estimation of income as made by the AO from