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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

Swarn Ganga Jewellers, Chandigarh vs. DCIT, Circle 4(1) Now DCIT, Circle 1(1), Chandigarh

In the result, the appeal of the assessee stands allowed

ITA 675/CHANDI/2022[2017-18]Status: DisposedITAT Chandigarh28 Jun 2024AY 2017-18

Bench: This Tribunal Being Aggrieved By An Order No. Itba/Nfac/S/250/2022-23/1045180258(1) For A.Y. 2017-18 Dt. 05/09/2022 Which Is Hereinafter Referred To As The “Impugned Order”. The Impugned Order Is Passed By Cit(A) In Terms Of Section 250 Of The Income Tax Act, 1961. Factual Matrix 2. That Survey U/S 133A Of The Income Tax Act, 1961 Was Conducted On The Business Premises Of The Assessee On 06/09/2016. The Assessee Surrendered A Sum Of Rs. 50,00,000/- During The Survey & Paid Tax Thereon. The Return Of Income Was Filed On 01/11/2017 Declaring A Total Income Of Rs. 89,48,260/-. Thereafter The Case Of The Assessee Was Selected For Scrutiny Under Compulsory Scrutiny Guidelines & Notice Under Section 143(2) Of The Act Was Issued On 11/09/2018. The Assessment Was Finalised Vide Order Dt. 23/12/2019 Whereby Addition Of Rs. 95,70,882/- Was Made U/S 68 R.W..S 115Bbe Of The Act.

For Appellant: Shri Parikshit Aggarwal, C.AFor Respondent: Shri Dharam Vir, JCIT, Sr. DR
Section 133ASection 143(2)Section 250Section 253Section 68

following decision of Coordinate Bench Chandigarh & a few others where under similar circumstances cash deposited during demonetization out of cash sales without rejection of books of accounts was held not justified: a. [2022] 98 ITR (Trib) 419 (ITAT [Chand]) THE DCIT CENTRAL CIRCLE-1, LUDHIANA VERSUS M/S ROOP FASHION

Shri Hari Corporation, Ahmedabad vs. The DCIT, Circle-3(1)(2), Ahmedabad

ITA 1720/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad28 Jun 2024AY 2014-15

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member 1. Ita No.1719/Ahd/2019 & 2. Ita No.1720/Ahd/2019 (Assessment Years : 2013-14 & 2014-15 Respectively) Shri Hari Corporation The Dy.Cit A/13, Vrundavan Park Society Vs Circle-3(1)2) Viratnagar Road, Odhav Ahmedabad Ahmedabad – 382 415 Pan: Absfs 9846 B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vijay H. Patel, Ar Revenue By : Shri Nitin Vishnu Kulkarni, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 13/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 28/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: Both The Captioned Appeals By The Assessee Are Directed Against The Separate Orders Of The Commissioner Of Income Tax(Appeals)-9, Ahmedabad [Cit(A) In Short] Dated 03/10/201 & 04/10/2019 For The Assessment Years (Ays) 2013-14 & 2014-15 Respectively. Since The Common Issues Are Involved In Both The Appeals, These Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Vijay H. Patel, ARFor Respondent: Shri Nitin Vishnu Kulkarni, Sr.DR
Section 142Section 142ASection 143(1)Section 144Section 69Section 69ASection 69B

wrong in referring the matter to DVO for valuation relating to work-in- progress. He further stated that the AO has not rejected the books of accounts, has not doubted the expenses and without doing so has passed the order u/s 144 r.w.s. 142A of the Act. The Ld.Counsel ... section 142A of the Act to the valuation of WIP prior to its amendment. It is noted that the AO did not reject the books of accounts or ITA Nos.1719 & 1720/Ahd/2019 Shri Hari Corporation vs. The DCIT Asst. Years : 2013-14 & 2014-15 5 disbelieve the expenses recorded therein, which

Shri Hari Corporation, Ahmedabad vs. The DCIT, Circle-3(1)(2), Ahmedabad

ITA 1719/AHD/2019[2013-14]Status: DisposedITAT Ahmedabad28 Jun 2024AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member 1. Ita No.1719/Ahd/2019 & 2. Ita No.1720/Ahd/2019 (Assessment Years : 2013-14 & 2014-15 Respectively) Shri Hari Corporation The Dy.Cit A/13, Vrundavan Park Society Vs Circle-3(1)2) Viratnagar Road, Odhav Ahmedabad Ahmedabad – 382 415 Pan: Absfs 9846 B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vijay H. Patel, Ar Revenue By : Shri Nitin Vishnu Kulkarni, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 13/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 28/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: Both The Captioned Appeals By The Assessee Are Directed Against The Separate Orders Of The Commissioner Of Income Tax(Appeals)-9, Ahmedabad [Cit(A) In Short] Dated 03/10/201 & 04/10/2019 For The Assessment Years (Ays) 2013-14 & 2014-15 Respectively. Since The Common Issues Are Involved In Both The Appeals, These Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Vijay H. Patel, ARFor Respondent: Shri Nitin Vishnu Kulkarni, Sr.DR
Section 142Section 142ASection 143(1)Section 144Section 69Section 69ASection 69B

wrong in referring the matter to DVO for valuation relating to work-in- progress. He further stated that the AO has not rejected the books of accounts, has not doubted the expenses and without doing so has passed the order u/s 144 r.w.s. 142A of the Act. The Ld.Counsel ... section 142A of the Act to the valuation of WIP prior to its amendment. It is noted that the AO did not reject the books of accounts or ITA Nos.1719 & 1720/Ahd/2019 Shri Hari Corporation vs. The DCIT Asst. Years : 2013-14 & 2014-15 5 disbelieve the expenses recorded therein, which

Raka Singh, Lucknow vs. ITO Ward 1(3) Lucknow, Lucknow

ITA 361/LKW/2023[2014-15]Status: DisposedITAT Lucknow20 Jun 2024AY 2014-15

Bench: Hon’Ble Shri Sudhanshu Srivastava & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No.361/Lkw/2023 िनधा"रण वष" / Assessment Year : 2014-15 Raka Singh. D-11, 12, Industrial Estate, Nr Gazipur, Tirahamau, Mau. Pan: Bbqps5727J . . . . . . . अपीलाथ" / Appellant बनाम / V/S. Income Tax Officer Ward-1(3), Lucknow . . . . . . . ""थ" / Respondent "ारा / Appearances Assessee By : None [Adjournment Rejected] Revenue By : Mr Sunil Kumar Rajwanshi [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 20/06/2024 घोषणा की तारीख / Date Of Pronouncement : 20/06/2024 आदेश / Order Per G. D. Padmahshali, Am; Against The Din & Order Itba/Nfac/S/250/2023-24/1057011178(1) Dt. 12/10/2023 Passed U/S 250 Of The Act By The National Faceless Appeal Centre, Delhi [‘Nfac/Cit(A)’] The Assessee Filed The Present Appeal U/S 253(1)(A) Of The Income Tax Act [‘The Act’]. 2. The Case Was Called Thrice, None Appeared At The Bequest Of The Assessee. After Primary Briefing From The Revenue, We Deem It Fit To Reject The Adjournment Request & Proceed To Adjudicate The Matter Ex- Parte U/R 24 Of Itat Rules, 1963. 3. Tersely Stated Facts Borne Out Of The Case Records Are That;

For Appellant: None [Adjournment Rejected]For Respondent: Mr Sunil Kumar Rajwanshi [‘Ld. DR’]
Section 144Section 145(3)Section 250Section 253(1)(a)Section 44A

Income Tax (Appeal) erred in law and on facts that addition u/s 144 Can not be made on the basis of rejection of books of account specially when Assessee maintains regular Books of Account. It is settled law that Addition on the basis of Books cannot be made when books