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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)

Assistant Commissioner of Income Tax, Central Circle-2, Kanpur. vs. M/S. Sushrut Institute of Plastic Surgery Private Limited, Lucknow

The appeal of the Department stands dismissed whereas the Cross Objection of the assessee stands allowed

ITA 30/LKW/2023[2019-20]Status: DisposedITAT Lucknow31 Jul 2025AY 2019-20

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. M/S Sushrut Institute Of Plastic Central Circle 2 Surgery Private Limited Kanpur 29, Shahmeena Road Lucknow Tan/Pan:Aaics2582G (Appellant) (Respondent) C.O. No.15/Lkw/2023 [Arising Out Of Ita No.30/Lkw/2023] Assessment Year: 2019-20 M/S Sushrut Institute Of Plastic V. The Acit Surgery Private Limited Central Circle 2 29, Shahmeena Road Kanpur Lucknow Tan/Pan:Aaics2582G (Cross - Objector) (Respondent)

For Appellant: Shri Ashish Jaiswal AdvocateFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 115BSection 133ASection 142ASection 143(3)Section 2(24)(x)Section 271ASection 36(1)(va)Section 69Section 69A

No.30/LKW/2023 & C.O. No.15/LKW/2023 Page 7 of 28 necessary that Assessing Officer must first reject the books of accounts in terms of Section 145(3) of the Income Tax Act 1961" The judgment in the case of Bhawani Shankar Vyas (supra) also came up for consideration before the Supreme Court ... necessary for the AO ITA No.30/LKW/2023 & C.O. No.15/LKW/2023 Page 13 of 28 to reject the books of account in terms of section 145(3) of the Act. It was submitted that the Hon'ble Jurisdictional High Court in the case of M/s Lucknow Public Educational Society (supra) had followed

Mohd. Naushad Ansari (Prop. Gulsan Sev Foods), Ahmedabad vs. The ITO, Ward-5(3)(3), Ahmedabad

In the result, the appeal filed by the assessee is allowed

ITA 620/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad30 Jul 2025AY 2017-18

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2017-18 Mohd Naushad Ansari The Ito, Ward-5(3)(3) Prop: Gulsan Sev Foods Vs. Anandnagar Road 51, Pujara Ni Chali Ahmedabad. Nr.Sarangpur Bridge Kamdar Medan – Gomtipur Ahmedabad 380 021 Pan: Aiwpa 6480 G (Applicant) (Responent) : Shri M.K. Patel, Ar Assessee By : Shri Amit Pratap Singh, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 30/07/2025 आदेश आदेश/O R D E R आदेश आदेश Per Makarand V.Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 29.01.2025 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”], Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], Confirming The Addition Of Rs.28,54,000/- Made By The Assessing Officer Under Section 68 Of The Act In Respect Of Cash Deposits Made In The Bank Accounts Of The Assessee During The Demonetisation Period. The Assessment Was Completed Under Section 143(3) Of The Act By The Income Tax Officer, Ward 5(3)(3), Ahmedabad [Hereinafter Referred To As “Assessing Officer Or Ao”], Vide Order Dated 29.12.2019. 2. Facts Of The Case 2

For Appellant: Shri Amit Pratap Singh, Sr.DR
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 145(3)Section 250Section 271ASection 68

audit report in Form 3CB and 3CD and reiterated that the books of account had not been rejected by the Assessing Officer under section 145(3). However, the CIT(A), NFAC confirmed the addition observing that the assessee had failed to produce independent evidence in support of the alleged cash ... books of account maintained by the assessee were either defective or incomplete or that the same were rejected by invoking the provisions of section 145(3) of the Act. In the absence of rejection of books, it was contended that the entries recorded in the regular books of account ought

Advance Lifespaces Private Limited, Ahmedabad vs. ACIT, Circle 1(1)(1), Ahmedabad

In the result, the appeal filed by the assessee is allowed

ITA 411/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad28 Jul 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaassessment Year: 2017-18 Advance Lifespaces Pvt. Ltd., Assistant Commissioner Of S-202/B/4/205, City Centre, Income Tax, Vs Nr. Idgah Gate, Asarwa, Circle-1(1)(1), Ahmedabad-380016 Ahmedabad [Pan No.:Aajca2338M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Appellant By : Shri P. D. Shah, Ar & Shri Saiyam Shah, Ar Respondent By : Shri B.P. Srivastava, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 22.07.2025 घोषणा की तारीख /Date Of Pronouncement: 28.07.2025 आदेश/O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Assessee Against The Appellate Order Dated 03.07.2024 Passed By Ld. Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As “Ld. Cit(A)”), National Faceless Appeal Centre (In Short “Nfac”), Delhi Arising Out Of The Rectification Order Passed Under Section 154 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Relating To The Assessment Year 2017-18. 2. The Registry Has Noted That There Is A Delay Of 145 Days In Filing The Present Appeal. The Assessee Explained Vide Notarized Affidavit Stated Originally The Appeal Was Filed By The Assessee By Paying Appropriate Fees On 30.08.2024 By E-Filing. However, There Is Some Mistakes In Form No. 36 Which Was Required To Be Rectified, The Same Was Rectified & Filed On 21.02.2025 Thereby The Registry Has Noted That There Is A Delay Of 145 Days. In View A.Y. 2017-18. 2 Of The Explanation Offered By The Assessee, The Delay Of 145 Days In Filing Of The Above Is Hereby Condoned.

For Appellant: Shri P. D. Shah, AR & Shri Saiyam Shah, ARFor Respondent: Shri B.P. Srivastava, Sr. DR
Section 143(3)Section 145(3)Section 154

other expense out of the amount of gross profit A.Y. 2017-18. 3 determined by the ld.AO, while estimating gross profit on adopting section 145(3) of the Act, as the same has not been considered to determine the gross profit. 3. That your appellant craves leave to add, alter

Incometax Officer, Bhimavaram vs. Prasad Raju Penmatsa, Bhimavaram

In the result, appeal of the revenue is allowed for statistical purposes

ITA 33/VIZ/2025[2022-23]Status: DisposedITAT Visakhapatnam25 Jul 2025AY 2022-23

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.517/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2022-23) Vs. Income Tax Officer-Ward – 1 Penmatsa Prasad Raju D.No. 7-7-25/3 Income Tax Office Kodavalli Road, Fci Colony Aayakar Bhavan Bhimavaram – 534201 Jp Road, Sivaraopet Andhra Pradesh Bhimavaram – 534201 Andhra Pradesh [Pan:Aqcpp6707B] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपीलसं./I.T.A.No.33/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2022-23) Vs. Penmatsa Prasad Raju Income Tax Officer D.No. 7-7-25/3 Income Tax Office Kodavalli Road, Fci Colony Aayakar Bhavan Bhimavaram – 534201 Opp. Ganesh Canteen Andhra Pradesh Jp Road, Sivaraopet Bhimavaram – 534202 [Pan:Aqcpp6707B] Andhra Pradesh (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Gvn Hari, Advocate करदाता का प्रतततितित्व/ Assessee Represented By राजस्व का प्रतततितित्व/ Department Represented By : Dr.Satyasai Rath, Cit(Dr)

Section 142(1)Section 143(1)(a)Section 143(2)Section 144

observed that neither Page. No 5 I.T.A.No.517/VIZ/2024 I.T.A.No.33/VIZ/2025 Penmatsa Prasad Raju of the Revenue Authorities has invoked provision of Section 145(3) of the Act nor recorded any formal rejection of the books of accounts of the assessee before adhoc disallowance or estimation of profit. Further

Penmatsa Prasad Raju, Bhimavaram vs. Income Tax Officer, Ward-1, Bhimavaram

In the result, appeal of the revenue is allowed for statistical purposes

ITA 517/VIZ/2024[2022-23]Status: DisposedITAT Visakhapatnam25 Jul 2025AY 2022-23

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.517/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2022-23) Vs. Income Tax Officer-Ward – 1 Penmatsa Prasad Raju D.No. 7-7-25/3 Income Tax Office Kodavalli Road, Fci Colony Aayakar Bhavan Bhimavaram – 534201 Jp Road, Sivaraopet Andhra Pradesh Bhimavaram – 534201 Andhra Pradesh [Pan:Aqcpp6707B] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपीलसं./I.T.A.No.33/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2022-23) Vs. Penmatsa Prasad Raju Income Tax Officer D.No. 7-7-25/3 Income Tax Office Kodavalli Road, Fci Colony Aayakar Bhavan Bhimavaram – 534201 Opp. Ganesh Canteen Andhra Pradesh Jp Road, Sivaraopet Bhimavaram – 534202 [Pan:Aqcpp6707B] Andhra Pradesh (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Gvn Hari, Advocate करदाता का प्रतततितित्व/ Assessee Represented By राजस्व का प्रतततितित्व/ Department Represented By : Dr.Satyasai Rath, Cit(Dr)

Section 142(1)Section 143(1)(a)Section 143(2)Section 144

observed that neither Page. No 5 I.T.A.No.517/VIZ/2024 I.T.A.No.33/VIZ/2025 Penmatsa Prasad Raju of the Revenue Authorities has invoked provision of Section 145(3) of the Act nor recorded any formal rejection of the books of accounts of the assessee before adhoc disallowance or estimation of profit. Further