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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)

Dibakar Swain, Chhoti Nikirai, Kendrapara vs. ITO, Ward Kendrapada, Kendrapada

In the result, appeal of the assessee stands partly allowed

ITA 562/CTK/2024[2017-2018]Status: HeardITAT Cuttack09 Jan 2025AY 2017-2018

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2017-18 Dibakar Dibakar Swain, Swain, Vs. Ito, Ward, Chakargunathpur, Chakargunathpur, Chhoti Chhoti Kendrapara. Nikirai, Kendrapara Nikirai, Kendrapara Pan/Gir No. No.Bbnxps 2582 N (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.K.Sarangi, Ca Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 09/01/20 2025 Date Of Pronouncement : 09/01/20 025 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Of The Ld Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Cit(A), Cit(A), Nfac, Nfac, Nfac, Delhi Delhi Delhi Dated Dated Dated 17.8.2023 17.8.2023 17.8.2023 In In In Appeal Appeal Appeal No.Cit(A),Cuttack/10899/2019 No.Cit(A),Cuttack/10899/2019-20 For The Assessment Year Essment Year 2017-18. 2. Shri S.K.Sarangi S.K.Sarangi Ld Ar Appeared For The Assessee & Shri The Assessee & Shri S.C.Mohanty, Sr. , Sr. Dr Appeared For The Revenue.

For Appellant: Shri S.K.Sarangi, CAFor Respondent: Shri S.C.Mohanty, Sr DR
Section 145(3)Section 250Section 69A

books of account of the assessee were duly audited and the audit reports were filed. The Assessing Officer while invoking the provisions of section 145(3) of the Act, has observed that the assessee has made cash sales and cash books and ledgers were not produced before the Assessing Officer ... made u/s.68 of the Act on such deposit could separately be made even if the income is estimated by invoking the provisions of section 145(3) of the Act (old section 13 of the Indian Income Tax Act). Further, the Hon’ble Supreme Court had observed that this

Shri Devendra Thakershibhai Thakkar, Ahmedabad vs. The ITO, Ward-3(2)(1), Ahmedabad

In the result the appeal of the assessee is allowed

ITA 587/AHD/2020[2013-14]Status: DisposedITAT Ahmedabad09 Jan 2025AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.587/Ahd/2020 िनधा"रण वष" /Assessment Year : 2913-14 Devendra Thakershibhai The Ito बनाम/ Thakkar Ward-3(2)(1) V/S. Prop. Of Prism Agri Ahmedabad – 380 015 Tradelink Ravjipura Nava Bazar, Bavla Tal: Dascroi Ahmedabad – 380 057 "थायी लेखा सं./Pan: Aospt 8109 B अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Mehul Thakkar, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 08/01/2025 घोषणा की तारीख /Date Of Pronouncement: 09/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Mehul Thakkar, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 144Section 145(2)

Baroda against Shri Jalaram Rice Industries Pvt. Ltd. and its directors. We find that the AO rejected the books of accounts under Section 145(3), citing that they were incomplete and lacked supporting details, leading to an estimation of income at 0.5% of turnover. The CIT(A), while upholding ... accepted as complete and accurate during the remand proceedings. 9.5. In view of the above findings the rejection of books of accounts under Section 145(3) is held to be unsustainable, as the AO’s remand report established that the books were complete, supported by evidence, and free from defects