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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)

Jageet Singh, New Delhi vs. Commissioner of Income-Tax (Appeals), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1330/DEL/2024[2017-18]Status: DisposedITAT Delhi30 May 2024AY 2017-18

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Uslate Shri Jageet Singh, Vs. Cit (Appeals), Represented By Legal Heir, New Delhi. Mrs. Paramjeet Mand, B-2B, 280, Janakpuri, New Delhi – 110 044. (Pan : Alnps6343N) (Appellant) (Respondent) Assessee By : Shri Vatsal Sharma, Ar Shri Aditya Sharma, Ca Shri Suvir Sharma, Ca Revenue By : Shri Sandip Kumar Mishra, Sr. Dr Date Of Hearing : 28.05.2024 Date Of Order : 30.05.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 25.01.2024 For The Assessment Year 2017-18. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. Without Prejudice The Ld. Ao Has Wrongly Conducted The Scrutiny Proceedings In The Name Of The Deceased Assessee Without Bringing On Record All Of His Legal Heirs As Per The Requirement Of Law.

For Appellant: Shri Vatsal Sharma, ARFor Respondent: Shri Sandip Kumar Mishra, Sr. DR
Section 115BSection 144Section 145(3)Section 1lSection 68Section 69A

assessment u/s 144 of the Act. 3. The Appellant challenges the Ld. AO's decision to reject their books of account under section 145(3) of the Act. The Ld. AO misunderstood the Appellant's business operations. Firstly, the Ld. AO misread the 'other operating revenue

Shivam Builders Private Limited, Ahmedabad vs. The Deputy Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

In the result, appeal filed by the assessee is dismissed

ITA 317/AHD/2022[2015-16]Status: DisposedITAT Ahmedabad09 May 2024AY 2015-16

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 317/Ahd/2022 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2015-16) िनधा"रण वष" Shivam Builders Private Deputy Commissioner Of बनाम/ बनाम बनाम बनाम Limited Income Tax Vs. 802, 8Th Floor, Rajvi Circle 4(1)(1), Ahmedabad Arcade, Nr. Gurukul Drive In Road, Memnagar, Ahmedabad, Gujarat 380052 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccs0296D (Appellant) .. (Respondent) Shri Hem Chhajed, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri J L Bhatia, Sr. Dr Date Of Hearing 18/04/2024 09/05/2024 Date Of Pronouncement O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 27.07.2022 For The Assessment Year 2015-16. 2. The Assessee Has Raised The Following Grounds In This Appeal:

For Respondent: Shri J L Bhatia, Sr. DR
Section 143(2)Section 145(3)

public domain and non-maintenance of production registers properly. In the light of these facts, the Assessing Officer invoked the provisions of section 145(3) of the Act and made certain upward additions on account of suppressed production which was sold outside the books. It was on these facts that ... that the assessee had suppressed sale price by showing sale of the goods at loss and accordingly rejected the books of accounts under section 145(3) of the Act. The Ld. ITAT held that before rejecting the books of accounts, the AO must record the specific reason for rejecting

Sandip Saraf, Kolkata vs. ITO, Ward 50(3), Kolkata

In the result, appeal of the assessee is allowed

ITA 210/KOL/2024[2017-18]Status: DisposedITAT Kolkata08 May 2024AY 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 210/Kol/2024 Assessment Year: 2017-18 Sandip Saraf Income Tax Officer, Ward – 50(3), C/O. Subash Agarwal & Associates, Vs Kolkata Advocates Siddha Gibson 1, Gibson Lane Suite 213, 2Nd Floor Kolkata - 700069 [Pan : Annps0216L] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri Swapan Kumar Bera, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 18/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 08/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 21/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Ought To Have Held That The A.O. Was Not Justified In Rejecting The Assessee'S Books Of Accounts U/S 145(3) Of The Act. 2. For That The Ld. Cit(A) Was Not Justified In Confirming The Addition Of Rs.30,40,010/- Made By The A.O. By Wrongly Treating The Cash Sales As Unexplained Money U/S 69A Of The Act.

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Swapan Kumar Bera, JCIT, Sr. D/R
Section 143(2)Section 145(3)Section 250Section 69Section 69A

| आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, KOLKATA BEFORE DR. MANISH BORAD, HON’BLE