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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

DCIT, Patiala vs. Prime Steel Industries Private Limited, Dirba

In the result, the appeal of the Assessee is allowed whereas, the appeal filed by the Revenue stands dismissed

ITA 500/CHANDI/2024[2021-22]Status: DisposedITAT Chandigarh20 Sept 2024AY 2021-22

Bench: Shri A.D. Jain & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 275/Chd/2024 "नधा"रण वष" / Assessment Year : 2021-22 Prime Steel Industries Private Vs. The Dcit, बनाम Circle, Limited, Semi Industry, Patiala Plot No. 27, Anaj Mandi Dibra, Sangrur "थायी लेखा सं./Pan No: Aagca3988E अपीलाथ"/ Appellant ""यथ"/ Repsondent & आयकर अपील सं./ Ita No. 500/Chd/2024 "नधा"रण वष" / Assessment Year : 2021-22 The Dcit, Vs. Prime Steel Industries Private बनाम Circle, Limited, Semi Industry, Patiala Plot No. 27, Anaj Mandi Dibra, Sangrur "थायी लेखा सं./Pan No: Aagca3988E अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate & Shri Viboore Garg, Ca राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 24.07.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 20.09.2024

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Viboore Garg, CAFor Respondent: Smt. Kusum Bansal, CIT DR
Section 69C

parties concerned. 17. It was further argued that the Ld. Assessing Officer after considering all the facts and circumstances, finally rejected the books of accounts of the assessee u/s 145(3) as per the order of Assessing Officer and, regarding the alleged bogus purchases of Rs.68 ... finding on this issue have been discussed from. The CIT(A) has disproved the finding of the Assessing Officer with regard to rejection of books of accounts u/s 145(3) of the Act and, finally he had held that only profit element embedded in 275 & 500-Chd-2024 – Prime Steel

Prime Steel Industries Private Limited, Semi Industry Plot No.-27, Anaj Mandi Dirba, Sangrur, Punjab vs. The Assessing Officer NFAC, the Jurisdictional Assessing Officer, DCIT Circle Patiala, Patiala, Punjab

In the result, the appeal of the Assessee is allowed whereas, the appeal filed by the Revenue stands dismissed

ITA 275/CHANDI/2024[2021-2022]Status: DisposedITAT Chandigarh20 Sept 2024AY 2021-2022

Bench: Shri A.D. Jain & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 275/Chd/2024 "नधा"रण वष" / Assessment Year : 2021-22 Prime Steel Industries Private Vs. The Dcit, बनाम Circle, Limited, Semi Industry, Patiala Plot No. 27, Anaj Mandi Dibra, Sangrur "थायी लेखा सं./Pan No: Aagca3988E अपीलाथ"/ Appellant ""यथ"/ Repsondent & आयकर अपील सं./ Ita No. 500/Chd/2024 "नधा"रण वष" / Assessment Year : 2021-22 The Dcit, Vs. Prime Steel Industries Private बनाम Circle, Limited, Semi Industry, Patiala Plot No. 27, Anaj Mandi Dibra, Sangrur "थायी लेखा सं./Pan No: Aagca3988E अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate & Shri Viboore Garg, Ca राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 24.07.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 20.09.2024

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Viboore Garg, CAFor Respondent: Smt. Kusum Bansal, CIT DR
Section 69C

parties concerned. 17. It was further argued that the Ld. Assessing Officer after considering all the facts and circumstances, finally rejected the books of accounts of the assessee u/s 145(3) as per the order of Assessing Officer and, regarding the alleged bogus purchases of Rs.68 ... finding on this issue have been discussed from. The CIT(A) has disproved the finding of the Assessing Officer with regard to rejection of books of accounts u/s 145(3) of the Act and, finally he had held that only profit element embedded in 275 & 500-Chd-2024 – Prime Steel

ACIT, Circle 2(1)(2), Ahmedabad vs. Mahavir Tradeline Pvt. Ltd., Ahmedabad

The appeal of the Revenue is dismissed

ITA 1803/AHD/2017[2014-15]Status: DisposedITAT Ahmedabad04 Sept 2024AY 2014-15

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 1803/Ahd/2017 िनधा"रण वष"/Assessment Year: 2014-15 बनाम Acit, Mahavir Tradeline Pvt. Ltd., Vs. Circle 2(1)(2), I-448, Titanium City Centre Ahmedabad Mall, 100 Ft. Anandnagar Road, Nr. Sachin Tower, Satellite, Ahmedabad-380015 Pan: Aagcm 0263 L अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" िनधा"रती की ओर से / Assessee By : Shri Sudhir Mehta, Ar ""थ" की ओर से / Revenue By : Shri Kamlesh Makwana, Cit-Dr तारीख/Date Of Hearing : 20.06.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 04.09.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Revenue Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-2, Ahmedabad [Hereinafter Referred To As "Cit(A)" For Short] Dated 16.05.2017 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2014-15. 2. Ground Nos. 1 & 2 Raised By The Revenue Read As Under:- “1. The Ld. Cit (A) Has Erred In Law & On Facts In Deleting The Addition U/S 68 Of It Act Amounting To Rs 21,98,40,805/- 2. The Ld. Cit(A) Failed To Appreciate That The Assessee Had Failed To Discharge The Onus Of Proving The Identity & Genuineness Of The Loans.”

For Appellant: Shri Sudhir Mehta, ARFor Respondent: Shri Kamlesh Makwana, CIT-DR
Section 250Section 68

applying GP rate, amounting to Rs.77,93,20,660/-. 7.1 The facts relating to the issue are that the Assessing Officer had rejected the books of accounts of the assessee on the plea that the assessee had not reproduced the books of accounts, bills, vouchers etc. for verification. The Assessing ... also observed that the assessee had not produced the Directors of the assessee company to explain and justify their income. Therefore, after rejecting the books of accounts of the assessee, the Assessing Officer estimated the profits of the assessee by applying the net profit rate of 5% to the total