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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)

Shri Ramesh Singh Rana, Lucknow vs. Deputy Commissioner of Income Tax-4, Lucknow

In the result, the appeal of the assessee is dismissed

ITA 576/LKW/2019[2012-13]Status: HeardITAT Lucknow17 Apr 2025AY 2012-13

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraआयकर अपील सं/ Ita No.576/Lkw/2019 "नधा"रण वष"/ Assessment Year: 2012-13 Shri Ramesh Singh Rana V. Dcit Range-4 3-B, Talkatora Road, Rajaji 5-Ashok Marg, Aaykar Puram, Lucknow-226017. Bhawan, Lucknow- 226001. Pan:Aggpr0749B अपीलाथ"/(Appellant) ""यथ"/(Respondent) अपीलाथ" "क और से/Appellant By: None ""यथ" "क और से /Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) सुनवाई "क तार"ख / Date Of Hearing: 08 04 2025 घोषणा "क तार"ख/ Date Of 17 04 2025 Pronouncement: आदेश / O R D E R Per Anadee Nath Misshra, A.M.: This Appeal Filed By The Assessee, Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-2, Lucknow Dated 11.06.2019, Pertaining To The Assessment Year 2012-13. The Assessee Has Raised The Following Grounds Of Appeal: -

For Appellant: NoneFor Respondent: Shri Sanjeev Krishna Sharma, Addl
Section 133(3)Section 133(6)Section 143(3)Section 145(3)

appellants case and are not applicable in the present case. c. The AO has rejected the books of accounts of appellant by invoking section 145(3) of the Act for the reasons outlined in Para 9.2 above and estimated NP rate of the appellant. The Provisions of section 145(3 ... accounts of the appellant. In view of these facts the books of accounts were rightly rejected by the AO by invoking provisions of section 145(3) of the Act. The action of AO is hereby upheld. Further, the appellant had shown NP rate @ 2.12% for AY under consideration which

The ITO, Ward-1(1)(1), Ahmedabad vs. M/S. Adinath Ornaments Pvt. Ltd., Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 553/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad09 Apr 2025AY 2017-18

Bench: Shri Tr Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.553/Ahd/2022 निर्धारण वर्ष / Assessment Year : 2017-18 Ito Ward-1(1)(1), Ahmedabad बनाम/ V/S. M/S. Adinath Ornaments Pvt. Ltd. 2, Dipawali Centre, Opp. Old High Court, Navrangpura, Ahmedabad – 380 009 स्थायी लेखा सं./Pan: Aafca9867K अपीलार्थी/ (Appellant) प्रत्यर्थी/ (Respondent) Assessee By: Shri Aseem L Thakkar, Ar Revenue By: Shri B. P. Srivastava, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 03/04/2025 घोषणा की तारीख /Date Of Pronouncement: 09/04/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Revenue Is Directed Against The Order Dated 21.10.2022 Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)"], For The Assessment Year 2017-18, Arising From The Assessment Order Dated 30.12.2019 Framed Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] By The Income Tax Officer, Ward 1(1)(1), Ahmedabad [Hereinafter Referred To As “Ao”]

For Appellant: Shri Aseem L Thakkar, ARFor Respondent: Shri B. P. Srivastava, Sr. DR
Section 115BSection 143(3)Section 145(3)Section 40A(3)Section 68

deposit of Rs.2.32 crores as unexplained cash credit under section 68, taxable under section 115BBE. The books of account were also rejected under section 145(3), and GP was estimated on a higher rate, resulting in an additional addition of Rs.4,51,379/-. Further, disallowance of Rs.2 ... same, which the AO has failed to do in this case. 7.4 The AO rejected the assessee's books of account under section 145(3) of the Act and estimated the Gross Profit at 0.36% based on the succeeding year, as against 0.13% declared by the assessee

Assistant Commissioner of Income Tax, Madurai vs. Arul Raja, Tuticorin

In the result the appeal filed by the Revenue is dismissed

ITA 2845/CHNY/2024[2021]Status: DisposedITAT Chennai03 Apr 2025

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं/.Ita No.: 2845/Chny/2024 िनधा"रणवष" / Assessment Year: 2021-22 Assistant Commissioner Of Arul Raja, Income Tax, V. 43J, Saint Peter Koil Street, Central Circle -2, Tuticorin – 628 001. Madurai – 625 002. [Pan: Aevpr-9611-K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri. Y. Sridhar, F.C.A ""थ" की ओर से/Respondent By : Dr.M.D. Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 04.03.2025 घोषणा की तारीख /Date Of Pronouncement : 03.04.2025 आदेश/ O R D E R Per S. R. Raghunatha: This Appeal Filed By The Revenue Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-19, Chennai, Dated 09.09.2024 & Pertains To Assessment Year 2021-22. 2. The Revenue Has Raised The Following Grounds Of Appeal: 1. The Order Of The Learned Commissioner Of Income Tax (Appeals) Is Erroneous On Facts Of The Case & In Law. 2. The Ld. Cit (A) Erred In Deleting The Addition Of Rs.67,96,000/- Made Towards Unexplained Money U/S.69A. 2.1 The Ld. Cit (A) Erred In Holding That The Statement Made By The Assessee That The Source For The Cash· Was Withdrawals From Banks As A Plausible Explanation In The Absence Of Proof Evidencing The Transactions & Wrongly Observed That Burden Of Proof Shifted To The Assessing Officer.

For Appellant: Shri. Y. Sridhar, F.C.A ""For Respondent: Dr.M.D. Vijay Kumar, JCIT
Section 131Section 132Section 143(3)Section 69A

made in the assessment order. At the outset, the AO has not rejected the books the accounts as per the provisions of section 145(3) of the Act. Without rejecting the books of accounts making observation that the cash book was manipulated cannot hold good. 6.3.6 It is significant