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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)

Mr. Mahesh C Shah, Mumbai vs. CIT(A)-6, Mumbai

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

ITA 838/MUM/2023[2009-10]Status: DisposedITAT Mumbai14 Jul 2023AY 2009-10

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.838/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) M/S. Mahesh C Shah बिधम/ Cit(A)-6 3Rd Floor, Room No. 10, A B-208, Ramdev Park Chsl, Vs. Chandavarkar Road, Next To Wing, Mittal Court, Sp Mukherjee Garden, Nariman Point, Mumbai- Borivali (West)-400002. 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadps1521R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 28/06/2023 घोषणा की तारीख /Date Of Pronouncement: 14/07/2023 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)-06, Mumbai Dated 15.03.2019 For Ay. 2009-10. 2. None Appeared On Behalf Of The Assessee. 3. Brief Facts Are That The Assessee Is A Proprietor Of A Firm Named M/S. Haresh Trading Co, Which Is Dealing With Trading Of Electrical Components. The Assessee Had Filed The Return Of Income On 30.09.2009 For Ay. 2009-10 Declaring Total Income Of Rs.3,09,973/-. Later, The Assessment Was Reopened U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act’) By Issuance Of Notice U/S 148 Of The Act After Recording The Reasons. The Ao Noted That He Received Information From The Dgit(Inv.), Mumbai That During The Relevant Year, The Assessee Had Dealt With Thirteen (13) Parties Who Were Hawala Operators Which Information The Investigation Wing (Dgit) Received

For Appellant: NoneFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 144Section 147Section 148

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