← All Phrases

“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)

Mahendrakumar Gulraj Jain, Mumbai vs. ITO-19(2)(3), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1120/MUM/2023[2010-11]Status: DisposedITAT Mumbai26 Jul 2023AY 2010-11

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1120/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) Mahendrakumar Gulraj Jain बिधम/ Ito-19(2)(3) Room No. 203, 2Nd Floor, C/O D. C. Bothra & Co. Vs. Llp (Formerly Known As Matru Mandir, Tardeo D.C. Bothra & Co.) 297, Road, Mumbai-400007. Tardeo Road, Wille Mansion, 1St Floor, Opp. Bank Of India, Nana Chowk, Mumbai-400007. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadpj2988D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Rajkumar Singh Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 27/06/2023 घोषणा की तारीख /Date Of Pronouncement: 26/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 24.03.2023 For Ay. 2010-11. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao In Disallowing 12.50% Of Purchases Amounting Of Rs.2,16,63,455/- Made From Two (2) Dealers (M/S. Anand Deep Metal & M/S. Viraj Steel & Alloys). 3. Brief Facts As Noted By The Ao Is That The Assessee Had Filed Its Original Return Of Income On 15.09.2010 For Ay. 2010-11 Declaring Total Income Of Rs.7,39,169/-. & The Case Was Reopened U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) By Issuing Notice U/S 148 Of The Act Dated 23.03.2016. The Ao Noted That He Received An Information From The Dgit(Inv.), Mumbai From Which He Understood

For Appellant: Shri Rajkumar SinghFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 145Section 147Section 148Section 44A

since the purchase rate as mentioned in the supplier’s sales invoice cannot be accepted, books of accounts need rejection as provided in section 145 (3) of the Act. And in order to estimate the benefit derived from such action of assessee, he estimated the profit at the rate ... assessee has not computed the income in accordance with the accounting standard notified u/s 145(2) of the Act. Therefore, condition for invoking section 145(3) of the Act as per section 145(1) & (2) of the Act was not satisfied. However, if the expenses/sales are not verifiable (if there