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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

ACIT, Circle-13(1), New Delhi vs. Kamdhenu Ltd, New Delhi

In the result, the appeal filed by the Revenue and cross objections filed by the assessee are dismissed

ITA 1311/DEL/2023[2018-19]Status: DisposedITAT Delhi27 Nov 2024AY 2018-19

Bench: Shri S.Rifaur Rahman & Shri Yogesh Kumar U.S.Acit, Circle-13(1), Vs. M/S Kamdhenu Limited, New Delhi L-311, Khasra No. 724, Street No. 7, Mahipalpur Extension, New Delhi – 110 037. (Pan : Aaack7155M) Co No.24/Del/2024 (In Ita No.1311/Del/2023) (Assessment Year: 2018-19) M/S Kamdhenu Limited, Vs. Acit, Circle 13(1), L-311, Khasra No. 724, New Delhi Street No. 7, Mahipalpur Extension, New Delhi – 110 037 (Pan : Aaack7155M) (Appellant) (Respondent) Assessee By : Shri Sanjay Garg, Ca, Shri Udyan Garg, Ca, Shri Akarsh Garg, Advocate Shri Harish Aggarwal, Cfo Revenue By : Shri Dayainder Singh Sidhu, Cit (Dr) Date Of Hearing : 16.10.2024 Date Of Order : 27.11.2024 O R D E R Per S. Rifaur Rahman,Am:

For Appellant: Shri Sanjay Garg, CAFor Respondent: Shri Dayainder Singh Sidhu, CIT (DR)
Section 143Section 145(2)Section 145(3)

fact that closing stock of finished goods has been reduced by Rs.23,12,48,649/- from 31.03.2017 to 01.04.2017 resultant in rejection of books of accounts due to manipulation in the valuation of closing stock besides unrecorded sales on this count. At the outset it is strongly submitted that ... specify the limb under which the appellant’s case fall. The same has not been done and 14 CO No.24/Del/2024 therefore, the rejection of books of accounts was not in order. For this, reliance placed by the appellant on CIT vs. Hughes Communication India Ltd.[( 2013) 215 Taxman

Assistant Commissioner of Income-Tax, Madurai vs. Alba Industries Limited, Chennai

ITA 284/CHNY/2024[2016-17]Status: DisposedITAT Chennai26 Nov 2024AY 2016-17

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.282 To 287/Chny/2024 निर्धारणवर्ष/Assessment Years: 2014-15 To 2019-20 & Cross-Objection Nos.20 To 25/Chny/2024 निर्धारणवर्ष/Assessment Years: 2014-15 To 2019-20 The Acit, Central Circle-1, Madurai-625 002. (अपीलार्थी/Appellant) V. M/S. Alba Industries Ltd., No.32/2, Halls Road, Egmore, Chennai-600 008. [Pan: Aabcb 5758 J] (प्रत्यर्थी/Respondent / Objector) Cross- Department By Assessee By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख /Date Of Pronouncement Mr. R. Clement Ramesh Kumar, Cit Mr. S. Sridhar, Advocate 04.09.2024 26.11.2024 आदेश / Order Per Aby T. Varkey, Jm: These Appeals Preferred By The Revenue & The Cross-Objections By The Assessee Are Arising Out Of The Appellate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-19, Chennai [In Short 'Cit(A)'] In Relation To The Assessment Orders All Dated 27.08.2021 Passed U/S 143(3)/153A Of The Income-Tax Act, 1961 [In Short `The Act'] For The

Section 132Section 132(4)Section 143(3)Section 153A

reliable and that the assessee was unable to support the expenses with proper bills and vouchers. The Ld. CIT(A) accordingly rejected the books of accounts. At the same time, according to Id. CIT(A), the disallowance of entire expenses made by the AO was excessive as it was resulting ... expenses and therefore the AO rightly held that these expenses were not genuine. He therefore supported the AO's action of not rejecting the books of accounts but making separate additions based on inflation of expenses, on the basis of seized material. He further submitted that

Assistant Commissioner of Income-Tax, Madurai vs. Alba Industries Limited, Chennai

ITA 282/CHNY/2024[2014-15]Status: DisposedITAT Chennai26 Nov 2024AY 2014-15

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.282 To 287/Chny/2024 निर्धारणवर्ष/Assessment Years: 2014-15 To 2019-20 & Cross-Objection Nos.20 To 25/Chny/2024 निर्धारणवर्ष/Assessment Years: 2014-15 To 2019-20 The Acit, Central Circle-1, Madurai-625 002. (अपीलार्थी/Appellant) V. M/S. Alba Industries Ltd., No.32/2, Halls Road, Egmore, Chennai-600 008. [Pan: Aabcb 5758 J] (प्रत्यर्थी/Respondent / Cross- Objector) Department By : Mr. R. Clement Ramesh Kumar, Cit Assessee By : Mr. S. Sridhar, Advocate सुनवाईकीतारीख/Date Of Hearing : 04.09.2024 घोषणाकीतारीख /Date Of Pronouncement : 26.11.2024 आदेश / Order Per Aby T. Varkey, Jm: These Appeals Preferred By The Revenue & The Cross-Objections By The Assessee Are Arising Out Of The Appellate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-19, Chennai [In Short 'Cit(A)'] In Relation To The Assessment Orders All Dated 27.08.2021 Passed U/S 143(3)/153A Of The Income-Tax Act, 1961 [In Short `The Act'] For The

For Appellant: Mr. S. Sridhar, AdvocateFor Respondent: Mr. R. Clement Ramesh
Section 132Section 132(4)Section 143(3)Section 153A

reliable and that the assessee was unable to support the expenses with proper bills and vouchers. The Ld. CIT(A) accordingly rejected the books of accounts. At the same time, according to Id. CIT(A), the disallowance of entire expenses made by the AO was excessive as it was resulting ... expenses and therefore the AO rightly held that these expenses were not genuine. He therefore supported the AO's action of not rejecting the books of accounts but making separate additions based on inflation of expenses, on the basis of seized material. He further submitted that