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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)

DCIT, Central Circle-2(2) Chennai, Chennai vs. Red Carpet Studio, Chennai

ITA 621/CHNY/2025[2016]Status: DisposedITAT Chennai09 Dec 2025

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:621/Chny/2025 निर्धारण वर्ष / Assessment Year: 2016-17 Dcit, Central Circle -2(2), Chennai. Red Carpet Studio, Vs. No.3, Good Ville Court, 16, Bagavatham Street, T.Nagar, Chennai – 600 017. [Pan:Aarfr-5627-H] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Ms. E. Pavuna Sundari, C.I.T. प्रत्यर्थी की ओर से/Respondent By : Ms. N. V. Lakshmi, Advocate सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement 06.10.2025 09.12.2025 आदेश /O R Der Per S. R. Raghunatha, Am : The Present Appeal Is Filed By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Chennai 19, [In Short 'Ld.Cit(A)'] Dated 20.12.2024 For The Assessment Year [‘A.Y.'] 2016-17 Arising Out Of The Order Of The Assessing Officer Passed U/S.144 Of The Income Tax Act, 1961 (In Short ‘The Act') Dated 29.12.2017. 2. The Grounds Of Appeal Raised By The Revenue Are Reproduced Below: :-2-:

For Appellant: Ms. E. Pavuna Sundari, C.I.TFor Respondent: Ms. N. V. Lakshmi, Advocate
Section 132Section 144Section 153A

आयकर अपीलीय अधिकरण, 'ए' न्यायपीठ, चेन्नई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A' BENCH, CHENNAI श्री एबी टी वर्की, न्यायिक

M/S. Kanak Projects Ltd., Kolkata vs. A.C.I.T., Circle - 8(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1219/KOL/2025[2017-2018]Status: DisposedITAT Kolkata08 Dec 2025AY 2017-2018

Bench: Shri Sonjoy Sarmam/S Kanak Projects Ltd. Vs Acit, Circle-8(1), Kolkata Salarpuria Jajodia @ Co.7, Chittaranjan Avenue, Kol-72. Pan No. : Aabck1255F (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri S. Jhajharia, Ar राज"व क" ओर से /Revenue By : Shri Pankaj Pandey, Jcit, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 09/09/2025 घोषणा क" तार"ख/Date Of Pronouncement : 08/12/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : This Appeal By The Assessee Arises Against The Order Dated 09.04.2025 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed Under Section 250 Of The Income- Tax Act, 1961 (The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Filed Its Original Return Of Income For The Assessment Year Under Consideration Declaring A Total Income Of ₹99906480. The Assessee Subsequently Filed A Revised Return Declaring The Same Income. The Case Was Selected For Scrutiny & Statutory Notices Under Section 142(1) Were Served. In Response, The Assessee Filed Audited Financial Statements, Computation Of Income, Details Of Receipts & Expenses & Explanations As Called For. From The Tax Audit

For Appellant: Shri S. Jhajharia, ARFor Respondent: Shri Pankaj Pandey, JCIT, Sr. DR
Section 142(1)Section 145(3)Section 2(24)(x)Section 250Section 36(1)(va)

purchase consideration of ₹2.5 crore as turnover and failure on the part of the AO to reject the books of account under section 145(3) of the Act before estimating profit, the addition made purely on suspicion, conjecture, and presumption. Therefore the sustaining the addition by the CIT(A) without ... enquiry and no defect was pointed out in the books of account and, in absence of rejection of book of account under section 145(3) of Act , estimation of profit is contrary to law. He further stated that the family settlement and subsequent agreements were genuine, and reimbursements were duly