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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

Dineshbhai Mohanbhai Patel, Surat vs. The Asst. Commissioner of Income Tax, Circle1(2), Surat

In the result, the appeal filed by the assessee is partly allowed for statistical purposes in above terms

ITA 407/SRT/2023[2014-15]Status: DisposedITAT Surat11 Dec 2023AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.407/Srt/2023 ("नधा"रणवष" / Assessment Year: (2014-15) (Virtual Court Hearing) Dineshbhai Mohanbhai Patel Assistant Commissioner Of Shop No. 7, 3Rd Floor, Meghna Income-Tax, Circle-1(2), Surat, Complex, Udhna Magdalla Road, Aayakar Bhavan, Majura Gate, Vs. Bhatar Char Rasta, Surat-395007 Surat-395001. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abtpp 8286 F (अपीलाथ"/Appellant) (""थ"/Respondent) िनधा"रती की ओर से /Assessee By Shri Kishore R Gheewala, Ca राज" की ओर से/Respondent By Shri Vinod Kumar, Sr. Dr सुनवाई की तारीख Date Of Hearing 03/10/2023 घोषणा की तारीख /Date Of Pronouncement 11/12/2023

Section 131Section 142(1)Section 143Section 143(3)Section 40A(2)(b)Section 44A

further appeal before us. 11. Learned Counsel for the assessee submitted that Assessing Officer made addition at Rs.9,90,53,830/- after rejection of books of accounts. The assessee pleaded before the Assessing Officer that assessee had filed the return of income u/s 44AD of the Act therefore a suitable ... defect in the books of accounts of the assessee. Therefore, Assessing Officer, as well as, Ld. CIT(A) ought not to have rejected the books of accounts of the assessee. The ld Counsel contended that payment was made on account of business exigency. Therefore, addition should not have been made

DCIT, Central Circle-4(3), Mumbai vs. Mangal Royal Jewels Pvt. Ltd., Mumbai

In the result, the appeal filed by the revenue is dismissed and the appeal filed by the asseees is allowed

ITA 3274/MUM/2022[2017-18]Status: DisposedITAT Mumbai29 Nov 2023AY 2017-18

Bench: Shri Br Baskaranshri Pavan Kumar Gadalem/S Mangal Royal Vs. Acit-Cc-1(3), Jewels Pvt Ltd. 29C, Room No.905, 9Thfoor, Shyam Kamal Co- Old Cgo Bldg,Annexe, Operative Housing M.K. Road, Society Ltd, Agarwal Mumbai-400020. Market, M.G. Road, Vile Parle (E), Mumbai-400057. Pan/Gir No. : Aaicm0846R Appellant .. Respondent Dy.Cit-Cc 4(3), Vs. M/S Mangal Royal Central Range-4, Jewels Pvt Ltd. 29C, Room No.1921, Shyam Kamal Co- 19Th Floor, Air India Operative Housing Bldg, Nariman Point, Society Ltd, Agarwal Mumbai-400021. Market, M.G. Road, Vile Parle (E), Mumbai-400057 Pan/Gir No. : Aaicm0846R Appellant .. Respondent Appellant/Respondent Mr.Poojan Mehta.Ar By : Respondent/Appellant By Mr.Prakash Kishinchandani.Dr Date Of Hearing 08.09.2023 Date Of Pronouncement 28.11.2023

Section 131Section 132Section 143(1)

view that the actual cash sales could not be properly substantiated by the assesee with evidences. further the A.O has rejected the books of accounts and made addition as unexplained cash credits U/sec68 of the Act of Rs.5,55,30,00/-. ITA No. 3062 & 3274/Mum/2022 Mangal Royal Jewels ... 3274/Mum/2022 Mangal Royal Jewels Pvt Ltd, Mumbai. Act for A.Y. 2017-18. And also to show cause that why not to reject the book of account of the Assessee. 8.3 The appellant filed reply against the Show Cause Notice dated 21.11.2019 issued by the AO, wherein it is contended that

Mangal Royal Jewels Pvt. Ltd., Mumbai vs. ACIT, Central Circle-1(3), Mumbai

In the result, the appeal filed by the revenue is dismissed and the appeal filed by the asseees is allowed

ITA 3062/MUM/2022[2017-18]Status: DisposedITAT Mumbai29 Nov 2023AY 2017-18

Bench: Shri Br Baskaranshri Pavan Kumar Gadalem/S Mangal Royal Vs. Acit-Cc-1(3), Jewels Pvt Ltd. 29C, Room No.905, 9Thfoor, Shyam Kamal Co- Old Cgo Bldg,Annexe, Operative Housing M.K. Road, Society Ltd, Agarwal Mumbai-400020. Market, M.G. Road, Vile Parle (E), Mumbai-400057. Pan/Gir No. : Aaicm0846R Appellant .. Respondent Dy.Cit-Cc 4(3), Vs. M/S Mangal Royal Central Range-4, Jewels Pvt Ltd. 29C, Room No.1921, Shyam Kamal Co- 19Th Floor, Air India Operative Housing Bldg, Nariman Point, Society Ltd, Agarwal Mumbai-400021. Market, M.G. Road, Vile Parle (E), Mumbai-400057 Pan/Gir No. : Aaicm0846R Appellant .. Respondent Appellant/Respondent Mr.Poojan Mehta.Ar By : Respondent/Appellant By Mr.Prakash Kishinchandani.Dr Date Of Hearing 08.09.2023 Date Of Pronouncement 28.11.2023

Section 131Section 132Section 143(1)

view that the actual cash sales could not be properly substantiated by the assesee with evidences. further the A.O has rejected the books of accounts and made addition as unexplained cash credits U/sec68 of the Act of Rs.5,55,30,00/-. ITA No. 3062 & 3274/Mum/2022 Mangal Royal Jewels ... 3274/Mum/2022 Mangal Royal Jewels Pvt Ltd, Mumbai. Act for A.Y. 2017-18. And also to show cause that why not to reject the book of account of the Assessee. 8.3 The appellant filed reply against the Show Cause Notice dated 21.11.2019 issued by the AO, wherein it is contended that