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“Section 145(3)”

Section References (mined)Section 145Section 145(3)2,270 judgments

The decision most relied on for Section 145(3) is CIT v. Woodward Governor India Pvt. Ltd. (312 ITR 254), cited in 968 judgments on BharatTax.

Leading authorities on Section 145(3)

CIT v. Woodward Governor India Pvt. Ltd.
312 ITR 254 · 2009 · Supreme Court
968
citing judgments

Foreign exchange fluctuations, whether gains or losses, are inextricably linked to the underlying business transaction and must be accounted for under the mercantile system. The Supreme Court also affirmed the standard accounting principle of valuing stock at cost or net realisable value, whichever is lower.

CIT v. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

Kedarnath Jute Mfg. Co. Ltd. v. CIT
82 ITR 363 · 1971 · Supreme Court
654
citing judgments

Tax liability for an item of income or expenditure is determined solely by the provisions of the Income-tax Act. Entries in an assessee's books of account are not conclusive and do not govern the taxability or deductibility of an item, as the legal rights and obligations under the Act prevail.

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.

Vijay Proteins Ltd. v. Asst. CIT
58 ITD 428 · 1996 · ITAT
430
citing judgments

Where purchases are found to be non-genuine or fictitious, a reasonable disallowance of 25% of such purchases or the peak credit, whichever is higher, can be made. This is applied to address unexplained expenditure under Section 69C when actual goods are likely procured from the grey market.

CIT v. Nikunj Exim Enterprises Pvt. Ltd.
372 ITR 619 · 2015 · High Court
391
citing judgments

Transactions defying human probability cannot be applied to isolated purchases if sales are accepted as genuine, and purchases cannot be disallowed without considering the entire transaction and documentary evidence. Failure to produce parties in an assessment proceeding may not be fatal to the assessee.

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.

Judgments citing Section 145(3)

Thakordas Parekh & Sons, Na vs. Arivs.Income Tax Officer, Ward-5, Navsari

In the result, ground No. 2 & 3

ITA 167/SRT/2022[2017-18]Status: DisposedITAT Surat30 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.167/Srt/2022 (Ay 2017-18) (Hearing In Physical Court) Thakordas Parekh & Sons Income Tax Officer, Ward-5, Bazar Street, Chikhli, Navsari, 204, 2Nd Floor, Vs Navsari-396530 Income Tax Office, Pan No: Aabft 4593 J Charpool, Awabaug, Navsari-396445 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Rasesh Shah, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 05.01.2023 उ"घोषणा क" तार"ख/Date Of 30.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 23.03.2022 For Assessment Year 2017-18, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-5, Navsari / Assessing Officer In Assessment Order Passed Under Section 144 R.W.S143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 30.12.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1. On The Facts & In The Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Thakordas Parekh & Sons Of Assessing Officer In Rejecting The Books Of Accounts U/S 145(3) Of The Act.

Section 115BSection 144Section 145(3)Section 254(1)Section 68

point out except for the details of customers, which should not be considered as grounds for rejection of books of account under section 145(3) of the Act. The reply of assessee was not accepted by Assessing Officer and Assessing Officer held that average monthly sales up to November

Lakshmi Constructions, Nellore vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeals filed by the assessee are allowed for all the A

ITA 7/VIZ/2023[2016-17]Status: DisposedITAT Visakhapatnam29 Mar 2023AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.4/Viz/2023 To 7/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2013-14 To 2016-17) Sri Lakshmi Constructions, Vs. Deputy Commissioner Of Dr.No.26-3-560, Sln Towers Income Tax Iv Floor, B.V.Nagar Central Circle-1 Mini Bypass Road Guntur Nellore [Pan : Abofs2978J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri M.V.Prasad, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 02.03.2023 घोर्णध की तधरीख/Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)], Visakhapatnam-3 Dated 30.11.2022 For The Assessment Years (A.Y.) 2013-14 To 2016-17. Since The Grounds Raised In These Appeals Are Common, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.4/Viz/2023 .

For Appellant: Shri M.V.Prasad, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 133ASection 143(3)Section 145

Commissioner (Appeals) were in error in resorting to an estimation of income and such exercise undertaken by them was not sustainable. Section 145(3) lays down that the Assessing Officer can proceed to make assessment to the best of his judgement under section 144 only in the event

Lakshmi Constructions, Nellore vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeals filed by the assessee are allowed for all the A

ITA 6/VIZ/2023[2015-16]Status: DisposedITAT Visakhapatnam29 Mar 2023AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.4/Viz/2023 To 7/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2013-14 To 2016-17) Sri Lakshmi Constructions, Vs. Deputy Commissioner Of Dr.No.26-3-560, Sln Towers Income Tax Iv Floor, B.V.Nagar Central Circle-1 Mini Bypass Road Guntur Nellore [Pan : Abofs2978J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri M.V.Prasad, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 02.03.2023 घोर्णध की तधरीख/Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)], Visakhapatnam-3 Dated 30.11.2022 For The Assessment Years (A.Y.) 2013-14 To 2016-17. Since The Grounds Raised In These Appeals Are Common, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.4/Viz/2023 .

For Appellant: Shri M.V.Prasad, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 133ASection 143(3)Section 145

Commissioner (Appeals) were in error in resorting to an estimation of income and such exercise undertaken by them was not sustainable. Section 145(3) lays down that the Assessing Officer can proceed to make assessment to the best of his judgement under section 144 only in the event

Lakshmi Constructions, Nellore vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeals filed by the assessee are allowed for all the A

ITA 5/VIZ/2023[2014-15]Status: DisposedITAT Visakhapatnam29 Mar 2023AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.4/Viz/2023 To 7/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2013-14 To 2016-17) Sri Lakshmi Constructions, Vs. Deputy Commissioner Of Dr.No.26-3-560, Sln Towers Income Tax Iv Floor, B.V.Nagar Central Circle-1 Mini Bypass Road Guntur Nellore [Pan : Abofs2978J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri M.V.Prasad, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 02.03.2023 घोर्णध की तधरीख/Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)], Visakhapatnam-3 Dated 30.11.2022 For The Assessment Years (A.Y.) 2013-14 To 2016-17. Since The Grounds Raised In These Appeals Are Common, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.4/Viz/2023 .

For Appellant: Shri M.V.Prasad, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 133ASection 143(3)Section 145

Commissioner (Appeals) were in error in resorting to an estimation of income and such exercise undertaken by them was not sustainable. Section 145(3) lays down that the Assessing Officer can proceed to make assessment to the best of his judgement under section 144 only in the event

Lakshmi Constructions, Nellore vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeals filed by the assessee are allowed for all the A

ITA 4/VIZ/2023[2013-14]Status: DisposedITAT Visakhapatnam29 Mar 2023AY 2013-14

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.4/Viz/2023 To 7/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2013-14 To 2016-17) Sri Lakshmi Constructions, Vs. Deputy Commissioner Of Dr.No.26-3-560, Sln Towers Income Tax Iv Floor, B.V.Nagar Central Circle-1 Mini Bypass Road Guntur Nellore [Pan : Abofs2978J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri M.V.Prasad, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 02.03.2023 घोर्णध की तधरीख/Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)], Visakhapatnam-3 Dated 30.11.2022 For The Assessment Years (A.Y.) 2013-14 To 2016-17. Since The Grounds Raised In These Appeals Are Common, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.4/Viz/2023 .

For Appellant: Shri M.V.Prasad, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 133ASection 143(3)Section 145

Commissioner (Appeals) were in error in resorting to an estimation of income and such exercise undertaken by them was not sustainable. Section 145(3) lays down that the Assessing Officer can proceed to make assessment to the best of his judgement under section 144 only in the event