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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

Shivam Builders Private Limited, Ahmedabad vs. The Deputy Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

In the result, appeal filed by the assessee is dismissed

ITA 317/AHD/2022[2015-16]Status: DisposedITAT Ahmedabad09 May 2024AY 2015-16

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 317/Ahd/2022 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2015-16) िनधा"रण वष" Shivam Builders Private Deputy Commissioner Of बनाम/ बनाम बनाम बनाम Limited Income Tax Vs. 802, 8Th Floor, Rajvi Circle 4(1)(1), Ahmedabad Arcade, Nr. Gurukul Drive In Road, Memnagar, Ahmedabad, Gujarat 380052 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccs0296D (Appellant) .. (Respondent) Shri Hem Chhajed, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri J L Bhatia, Sr. Dr Date Of Hearing 18/04/2024 09/05/2024 Date Of Pronouncement O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 27.07.2022 For The Assessment Year 2015-16. 2. The Assessee Has Raised The Following Grounds In This Appeal:

For Respondent: Shri J L Bhatia, Sr. DR
Section 143(2)Section 145(3)

Private Limited vs. DCIT) A.Y.– 2015-16 - 2 – 2.) The Ld. CIT(A) has erred in law and/or facts in upholding the rejection of books of accounts made by the Ld. AO. 3. The Ld. CIT(A) has erred in law and/or facts in upholding that notices issued ... assessee which was only partly complied. As the assessee did not furnish the complete details as required by the AO, he rejected the books of accounts u/s.145(3) of the Act and estimated income of the assessee @ 10% at Rs.54,02,545/-, which was upheld

Jmg Greens Promoters & Developers, Sirhind vs. Pr. CIT, Patiala

In the result, the appeal of the Assessee is partly allowed

ITA 410/CHANDI/2022[2012-13]Status: DisposedITAT Chandigarh03 May 2024AY 2012-13

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 410/Chd/2022 "नधा"रण वष" / Assessment Year : 2012-13 J M G Green Promoters & Vs. Pr. Commissioner Of बनाम Income Tax, Developers, Patiala Opp. Jain Mandir, Chandigarh Road, Sirhind 140406 "थायी लेखा सं./Pan No: Aaifj0737F अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 24.04.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 03.05.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.: The Appeal In This Case Has Been Filed By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax, Patiala (Herein Referred To As ‘Pcit’ ) Dated 29.03.2022, For The Assessment Year 2012-13. 2. In Fact, An Application Dated 23.4.2024, Was Filed By The Ld. Counsel Of The Assessee Taking An Additional Ground Of Appeal, Which 410-Chd-2022 –J M G Greens Promoters & Developers, Sirhind 2 Was Later On Merged With The Revised Grounds Of Appeal Filed On 24.4.2024. 3. The Revised Grounds Of Appeal Taken By The Assessee Are Reproduced As Under: -.

For Appellant: Sh. Sudhir Sehgal, AdvocateFor Respondent: Shri Rohit Sharma, CIT DR
Section 143(3)Section 147Section 148Section 263

account along with bills and vouchers were produced and they were test checked by the Assessing Officer. Accordingly, there is no rejection of books of account by the Assessing Officer. Once the cash book, cash deposits in bank, cash sales etc. have been accepted by the Assessing Officer, there

Deepan Mangi, Sirhind vs. Pr. CIT, Patiala

In the result, the appeal of the Assessee is partly allowed

ITA 409/CHANDI/2022[2017-18]Status: DisposedITAT Chandigarh02 May 2024AY 2017-18

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 409/Chd/2022 "नधा"रण वष" / Assessment Year : 2017-18 Deepan Mangi, Vs. Pr. Commissioner Of बनाम Income Tax, H.No. 3051, Mangi Niwas, Patiala Dera Baba Mangal Nath Street, Sirhind 140406 "थायी लेखा सं./Pan No: Ajypm5231A अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 23.04.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 02.05.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.: The Appeal In This Case Has Been Filed By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax, Patiala (Herein Referred To As ‘Pcit’ ) Dated 27.03.2022. 2. The Assessee In This Appeal Has Taken Following Grounds Of Appeal:

For Appellant: Sh. Sudhir Sehgal, AdvocateFor Respondent: Shri Rohit Sharma, CIT DR
Section 142(1)Section 143Section 143(1)Section 263

purchases accepted the books of account and as such it is not the 409-Chd-2022 – Deepan Mangi, Sirhind 11 case of rejection of books of account. Therefore, when both the purchases and sales in question have been accepted by the Assessing Officer, there is no point in questioning