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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)

Commercial Transport Organisation, Mumbai vs. ACIT, 27(1), Mumbai, Vashi, Navi Mumbai

In the result, appeal of the assessee is partly allowed

ITA 4965/MUM/2025[2014-15]Status: DisposedITAT Mumbai23 Dec 2025AY 2014-15

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2014-15 Commercial Transport Vs Assistant Commissioner Of Organisation Income Tax - 27(1), 1St Floor, B 112, Navi Mumbai Arjun Centre, Govandi East, Mumbai - 400088 (Pan: Aagfc6565J) Appellant Respondent Present For: Assessee By : Mr. Subodh Ratnaparkhi, Ca Revenue By : Mr. Virabhadra S. Mahajan, Sr. Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 23.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2025-26/1077843575(1), Dated 26.06.2025 Passed Against The Assessment Order By Acit, 27(1), Mumbai U/S.143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 31.12.2016 For Ay 2014-15. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. The Hon Cit(A) Erred In Upholding The Addition Of Rs.1,07,12,240/- Made By The Ld Ao, As Estimated Income, After Rejecting The Books Of Accounts U/S 145(3) Of The I.T Act 1961. The Addition Of Rs.1,07,12,240/- Being Not Warranted By Facts & In Law May Kindly Be Deleted.

For Appellant: Mr. Subodh Ratnaparkhi, CAFor Respondent: Mr. Virabhadra S. Mahajan, Sr. DR
Section 143(3)Section 145(3)Section 40A(3)

recorded in the books of accounts and thus were finally rejected as assessee did not satisfy the conditions prescribed in section 145(3). The primary reasons for rejection of books of accounts were: i) Authenticity of certain self-made vouchers could not be established and some of the vouchers ... also recorded the submissions made by the assessee which were reiterated. In respect of rejection of books of accounts, he noted that section 145(3) cast triple onus on the assessee to maintain books of accounts in such a way to meet the following criteria: a) Satisfaction about the correctness

Income Tax Officer/Ward-19(2)(2), Mumbai vs. Kruti Sandeep Shah, Mumbai

In the result, the appeal of the Revenue is disposed off in light of aforesaid directions

ITA 1968/MUM/2025[2009-10]Status: DisposedITAT Mumbai17 Dec 2025AY 2009-10

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2009-10 Income Tax Officer, Kruti Sandeep Shah, Ward-19(2)(2), 117, Navyug Nagar Forjet Hill 503, 5Th Floor, Vs. Road, Piramal Chambers, Mumbai-400007. Parel, [Pan: Aapps4121F] Mumbai-400012. (Appellant) (Respondent) For Assessee : Shri Sandeep Shah For Revenue : Shri Kiran K. Chhatrapati, Sr.Dr Date Of Hearing : 16-12-2025 Date Of Pronouncement : 17-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 23-01-2025, Pertaining To Assessment Year (Ay) 2009-10. 2. Briefly The Facts Of The Case Are That The Assessee Filed Her Return Of Income U/S. 139(1) Of The Income Tax Act, 1961 („The Act‟) On 26-09-2009, Declaring Total Income Of Rs. 4,04,880/-. The Return Was Processed U/S. 143(1) Of The Act. Subsequently, The Ao Was In Receipt Of Information From The Investigation Wing That The Assessee Has Obtained Accommodation

For Appellant: Shri Sandeep ShahFor Respondent: Shri Kiran K. Chhatrapati, Sr.DR
Section 139(1)Section 142(1)Section 143(1)Section 144Section 145(3)Section 148

material available on record was perused. We find that once the AO has rejected the books of account and invoked provisions of section 145(3), the only recourse available with the AO is to estimate the net profit based on certain reasonable criteria and he cannot add the purchases which