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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

Shirish M Dalvi, Kalyan vs. DCIT Cir 29(3), Mumbai

Accordingly, we uphold the finding of Ld CIT(A). The ground No. four of the appeal of the assessee is accordingly dismissed

ITA 4640/MUM/2016[2012-13]Status: DisposedITAT Mumbai31 Oct 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Shirish M. Dalvi, Dcit Circle-23(3), D’ Block, 1St Floor, Zojwala 3Rd Floor, C-10, Pratyaksha Vs. Complex, Sahajanand Kar Bhavan, Bandra East, Chowk, Kalyan-421 301. Mumbai-400051. Pan No. Aadpd 0358 H Appellant Respondent Assessment Year: 2010-11 Dcit Circle-23(3), Shirish M. Dalvi, Room No. 402, 4Th Floor, C-10 D’ Block, 1St Floor, Zojwala Vs. Bldg., Pratyakshakar Complex, Sahajanand Bhavan, Bandra Kurla Chowk, Kalyan-421 301. Complex, Bandra (E), Mumbai-400051. Pan No. Aadpd 0358 H Appellant Respondent Assessment Year: 2012-13 Shirish M. Dalvi, Dcit-29(3), D’ Block, 1St Floor, Zojwala Room No. 402, 4Th Floor, C- Vs. Complex, Sahajanand 10, Pratyaksha Kar Chowk, Kalyan-421 301. Bhavan, Bandra Kurla Complex, Bandra, Mumbai-400051. Pan No. Aadpd 0358 H

under: 1. On the facts and circumstances of the case and in law, the learned CIT(A) erred in inferring the rejection of books of account us. 145(3) was not warranted without appreciating the facts that all the transactions which are not reflected in the books of accounts maintained ... assessee submitted that in the appeal filed by the Revenue, three grounds have been raised. The first ground being related to rejection of books of accounts, is having no tax effect. The third ground is challenging the disallowance of deduction under section 80 IB(10) of the Act. The learned

DCIT Cir 23(3), Mumbai vs. Shirish M Dalvi, Mumbai

Accordingly, we uphold the finding of Ld CIT(A). The ground No. four of the appeal of the assessee is accordingly dismissed

ITA 4317/MUM/2014[2010-11]Status: DisposedITAT Mumbai31 Oct 2022AY 2010-11

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Shirish M. Dalvi, Dcit Circle-23(3), D’ Block, 1St Floor, Zojwala 3Rd Floor, C-10, Pratyaksha Vs. Complex, Sahajanand Kar Bhavan, Bandra East, Chowk, Kalyan-421 301. Mumbai-400051. Pan No. Aadpd 0358 H Appellant Respondent Assessment Year: 2010-11 Dcit Circle-23(3), Shirish M. Dalvi, Room No. 402, 4Th Floor, C-10 D’ Block, 1St Floor, Zojwala Vs. Bldg., Pratyakshakar Complex, Sahajanand Bhavan, Bandra Kurla Chowk, Kalyan-421 301. Complex, Bandra (E), Mumbai-400051. Pan No. Aadpd 0358 H Appellant Respondent Assessment Year: 2012-13 Shirish M. Dalvi, Dcit-29(3), D’ Block, 1St Floor, Zojwala Room No. 402, 4Th Floor, C- Vs. Complex, Sahajanand 10, Pratyaksha Kar Chowk, Kalyan-421 301. Bhavan, Bandra Kurla Complex, Bandra, Mumbai-400051. Pan No. Aadpd 0358 H

under: 1. On the facts and circumstances of the case and in law, the learned CIT(A) erred in inferring the rejection of books of account us. 145(3) was not warranted without appreciating the facts that all the transactions which are not reflected in the books of accounts maintained ... assessee submitted that in the appeal filed by the Revenue, three grounds have been raised. The first ground being related to rejection of books of accounts, is having no tax effect. The third ground is challenging the disallowance of deduction under section 80 IB(10) of the Act. The learned

DCIT Central Cir (1), Mumbai vs. M/S. Raksha Bullion, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 376/MUM/2022[2017-18]Status: DisposedITAT Mumbai20 Oct 2022AY 2017-18

Bench: Shri Aby T Varkey & Shri Gagan Goyaldcit, Cc-2(1), 804, 8Th Floor, Old Cgo Building, M.K. Road, Mumbai-400057. ...... Appellant Vs. M/S Raksha Bullion, 134/136, Moti Building, 3Rd Floor, S.M. Street, Zaveri Bazar, Mumbai-400002. Pan: Aahfr2224C ..... Assessee C.O. No. 78/Mum/2022 (A.Y. 2017-18) M/S Raksha Bullion, 134/136, Moti Building, 3Rd Floor, S.M. Street, Zaveri Bazar, Mumbai-400002. Pan: Aahfr2224C ..... Appellant Vs. Dcit, Cc-2(1), 804, 8Th Floor, Old Cgo Building, M.K. Road, Mumbai-400057. ...... Assessee Appellant/Revenue By : Sh. Dr. Mahesh Akhade, Cit-Dr Respondent/Assessee By : Sh. Vimal Punmiya, Ca Date Of Hearing : 26/07/2022 Date Of Pronouncement : 20/10/2022

For Appellant: Sh. Vimal Punmiya, CAFor Respondent: Sh. Dr. Mahesh Akhade, CIT-DR
Section 132Section 133ASection 143(3)Section 69A

which is already reflected in the books of accounts treating it, as unaccounted money, even without rejecting the books of accounts.” 11 ITA No. 376/Mum/2022 & C.O. 78/Mum/2022 M/s Raksha Bullion 13. We have gone through the assessment order of M/s. Sikkim Ferro Alloys Ltd. for A.Y. 2017-18 passed ... accounts of the assessee amounting to Rs. 9,13,83,600/- has been considered in the figure of purchase and after rejection of books of accounts, AO applied G.P. rate of 1% on the total sales of M/s. Sikkim Ferro Alloys Ltd. Thus, on the one hand assessee declared sales

Mwh India P.Ltd, Mumbai vs. DCIT Cir 9(2), Mumbai

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 1891/MUM/2014[2009-10]Status: DisposedITAT Mumbai03 Oct 2022AY 2009-10

Bench: Vikas Awasthy & Shri Prashant Maharishiआअसं. 1891/मुं/2014 ("न. व. 2009-10 ) Mwh India Pvt. Ltd. 168, Udyog Bhavan, Sonawala Road, Goregaon(E) Mumbai 400 063. Pan: Aaaca-4613-L ...... अपीलाथ" /Appellant बनाम Vs. The Dy.Commissioner Of Income Tax, Circle – 9(2), Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Jehangir D.Mistri With Shri Ketan Ved & Shri Niraj Sheth ""तवाद" "वारा/Respondent By : Ms. Vatsalaa Jha सुनवाई क" "त"थ/ Date Of Hearing : 08/07/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 03/10/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 31/01/2014 Passed U/S 143(3) R.W.S. 144C (13) Of The Income Tax Act, 1961 [In Short ‘The Act’]

For Appellant: Shri Jehangir D.Mistri with Shri Ketan Ved & Shri Niraj ShethFor Respondent: Ms. Vatsalaa Jha
Section 10ASection 143(3)Section 50BSection 92C

connected issues, therefore, taken up together for adjudication. The ground No. 8 is with respect to the finding of DRP on rejection of books of account of the appellant stating it to be not reliable. The ld Counsel for the assessee submits that the DRP does not have any power ... accounts. The ground No. 9 of appeal is with respect to denial of deduction u/s 10A of Act on the alleged rejection of books of account . The ground No. 10 is with respect to disallowance of deduction of Rs. 8,35,191/- on other income