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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

Asst. Commissioner of Income Tax, Circle-2(1)(1), Surat vs. M/S. Priyanshi Textile Private Ltd., Surat

In the result, appeal filed by the Revenue is dismissed

ITA 199/SRT/2022[2013-14]Status: DisposedITAT Surat29 Aug 2023AY 2013-14

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.199/Srt/2022 ("नधा"रणवष" / Assessment Years: (2013-14) (Physical Court Hearing) Assistant Commissioner Of M/S. Priyanshi Textile Pvt.Ltd., Income-Tax, Circle-2(1)(1), C/2, Plot No.74-79, Kim Sayan Vs. Surat, Room No.612, 6Th Floor, Road, Sunrise Interagated Textile Aayakar Bhawan, Near Majura Park, Kareli, Olpad, Surat- Gate, Surat-395001 394540 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacy 4125 F (अपीलाथ" /Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By : Shri Mehul Shah, Ca राज" की ओर से/Revenue By : Shri Ashok B. Koli, Cit- Dr सुनवाई क" तार"ख/ Date Of Hearing : 26/07/2023 घोषणा क" तार"ख/Date Of Pronouncement : 29/08/2023 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year (Ay) 2013-14, Is Directed Against The Order Passed By The National Faceless Appeal Centre, Delhi [Nfac/Ld. Cit(A) For Short] Dated 30.04.2022, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer, Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 29.03.2016. 2. Grounds Of Appeal Raised By The Revenue Are As Follows: “(I) On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.2,72,33,000/- Made By The Assessing Officer On Account Of Unexplained Cash Credit In The Form Of Unsecured Loan U/S 68 Of The Act As The Assessee Has Failed To Prove Bona Fide Of The Transaction Within The Meaning Of Section 68 Of The I.T. Act, 1961. (Ii) On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.1,08,00,000/- Made By The Assessing Officer On Account Of Unexplained Share Capital & Share Premium U/S 68 Of The Act, Since The Assessee Failed To Prove The Source Of Source.

For Appellant: Shri Mehul Shah, CAFor Respondent: Shri Ashok B. Koli, CIT- DR
Section 142(1)Section 143(3)Section 145(3)Section 68

erred in deleting the addition of Rs.1,04,57,507/- made on account of estimation of gross profit after rejecting the books of account u/s 145(3) of the Act as the assessee has not maintained day-to-day stock register as well as assessee was unable to explain ... Ground No.3 raised by Revenue relates to deleting addition of Rs.1,04,57,507/- on account of estimation of gross profit after rejecting the books of accounts u/s 145(3) of the Act. 19. Succinct facts qua the issue are that on verification of records and details filed during

M/S Atasha Ashirwad Builders, Nagpur vs. A, C.I.T Cir. -8, Nagpur

In the result, the appeal filed by the assessee stands partly allowed

ITA 370/NAG/2016[2010-11]Status: DisposedITAT Nagpur31 Jul 2023AY 2010-11

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.370/Nag/2016 िनधा"रण वष" / Assessment Year : 2010-11 Atasha Ashirwad Builders, Vs. Acit, Circle-8, Nagpur. 144, Ambazari Hill Top, Nagpur- 440010. Pan : Aafca4207H Appellant Respondent Assessee By : Shri Kapil Hirani Revenue By : Shri Amol Khairnar Date Of Hearing : 19.07.2023 Date Of Pronouncement : 31.07.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-1, Nagpur [‘The Cit(A)’] Dated 18.03.2016 For The Assessment Year 2010-11. 2. Briefly, The Facts Of The Case Are That The Appellant Is Contractor Engaged In The Business Of Execution Of Government Contract. The Return Of Income For The Assessment Year 2010-11 Was Filed On 05.02.2011 Declaring Total Income Of Rs.49,74,990/-.

For Appellant: Shri Kapil HiraniFor Respondent: Shri Amol Khairnar
Section 144

Being aggrieved by the above action of the Assessing Officer, an appeal was filed before the ld. CIT(A) challenging the rejection of books of accounts and application of GP rate at 6% is excessive and ordinary. The ld. CIT(A) confirmed the finding of the Assessing Officer by rejecting ... appeal before us in the present appeal. 3 5. Before us, it is contested that the Assessing Officer ought not to have rejected the books of accounts, which are duly audited and accepted by the Department in the earlier years. It is further submitted that the sub-contractors to whom