Section 145(3) of the Income Tax Act

Income-tax Act, 2025: s.276

Section 145(3) falls under section 145 of the Income-tax Act, 1961, which corresponds to section 276 (Method of accounting) of the Income-tax Act, 2025.

Read section 276 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 145(3) is CIT v. Jet Airways (I) Ltd. (331 ITR 236), cited in 694 of the 3,640 judgments on BharatTax that turn on this section.

Leading authorities on Section 145(3)

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.

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.

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.

CIT v. Simit P. Seth
38 Taxmann.com 385 · 2013 · High Court
278
citing judgments
CIT v. Devi Prasad Vishwanath Prasad
72 ITR 194 · 1969 · Supreme Court
272
citing judgments

If there is an unexplained cash credit, the Assessing Officer can treat it as the assessee's income, even when the income is finalized on an estimation basis, without proving its specific source. The onus then shifts to the assessee to prove that the income represented by the cash credit has already been taxed.

Commissioner of Sales Tax v. H.M. Esufali H.M. Abdulali
90 ITR 271 · 1973 · Supreme Court
232
citing judgments

The Supreme Court established principles for best judgment assessments, stating that some guesswork is inevitable but the assessment must be bona fide, rational, and free from bias or capriciousness. An appellate authority cannot substitute its judgment for that of the Assessing Officer unless the AO's assessment is shown to be biased, irrational, vindictive, or capricious, especially when the assessee fails to provide proper accounts or counter-evidence.

CIT v. Balchand Ajit Kumar
263 ITR 610 · 2003 · High Court
212
citing judgments

When making an addition for unaccounted receipts, on-money, or non-genuine purchases/sales, the addition should be restricted to the estimated profit element embedded in such transactions, rather than the entire gross amount, particularly when evidence of corresponding expenditure is incomplete. This estimation often involves applying a net profit rate.

CIT v. Bilahari Investment (P) Ltd.
299 ITR 1 · 2008 · Supreme Court
206
citing judgments

The project completion method and the percentage of completion method are both recognized methods for recognizing income from real estate contracts.

CIT v. British Paints India Ltd.
188 ITR 44 · 1991 · Supreme Court
204
citing judgments

The Assessing Officer has a duty to examine whether an assessee's books of account truly disclose the correct income and is not bound to accept the accounting system regularly employed by the assessee or methods followed in earlier years. Each assessment year is a distinct and self-contained unit for tax purposes.

Harigopal Singh v. CIT
258 ITR 85 · 2002 · High Court
203
citing judgments

Penalty under section 271(1)(c) cannot be levied when an addition to income is made on an estimated basis without concrete evidence of concealment or furnishing inaccurate particulars of income. The provisions of section 271(1)(c) are not attracted to cases where income is assessed on an estimate basis.

Judgments on Section 145(3)

Millennium Associate, Mumbai vs. DCIT, CC- 1(1), Mumbai

The appeal stands partly allowed in terms of our above order

ITA 7143/MUM/2019[2009-10]Status: DisposedITAT Mumbai27 Jul 2021AY 2009-10

Bench: Hon’Ble Shri Amarji Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील िं./ I.T.A. No. 7143 To 7147/Mum/2019 (धििाारण वर्ा / Assessment Year: 2009-10 To 2013-14) M/S Millennium Associates Dcit Cc – 1(1), 9Th Floor, Pratistha Bhavan, बिाम/ 211, Concorde Premises, Plot No. 66A Sector-11, Cbd-Belapur Old Cgo Annexe Vs. Navi Mumbai-400 614 M.K.Road, Mumbai-400 020 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aapfm-3953-K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Ms. Hiraj Sejal– Ld. Ar Revenue By : Shri Narendra Jangpangi– Ld. Cit-Dr ुनवाई की तारीख/ : 27/07/2021 Date Of Hearing घोषणा की तारीख / : 06/08/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Assessee For Assessment Years (Ay) 2009- 10 To 2013-14 Arises Out Of Common Order Of Learned Commissioner Of Income-Tax (Appeals)-47, Mumbai [Cit(A)], Dated 12/09/2019 In The Matter Of Assessment Framed By Ld. Assessing Officer (Ao) U/S 143(3) R.W.S. 153A Of The Act. The Facts As Well Issues Are Substantially The Same In All The Years. For The Purpose Of Adjudication, Facts From Ay 2009-10 Are Taken. The Grounds Raised By The Assessee Read As Under: -

For Appellant: Ms. Hiraj Sejal– Ld. ARFor Respondent: Shri Narendra Jangpangi– Ld. CIT-DR
Section 143(3)Section 145(3)Section 153ASection 292CSection 68

Income Tax Officer 32 (3) (1), Mumbai vs. Ramrekha Shukla, Mumbai

In the result, appeal filed by the revenue is hereby dismissed

ITA 5805/MUM/2019[2011-12]Status: DisposedITAT Mumbai01 Jul 2021AY 2011-12

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 5805/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2011-12) Ito-32(3)(1) बिधम/ Ramrekha Shukla Room No.733, 7Th Floor, A/204, Riddhi Co. Operative Vs. Kautilya Bhavan, Bkc, Hsg. Ltd, Sai Baba Nagar, Bandra (E), Mumbai- Borivali (W), Mumbai- 400051. 400092. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aggpd6265J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms. Smita Verma (Sr. Ar) Assessee By: Shri Mahesh Saboo सुनवाई की तारीख / Date Of Hearing: 08/04/2021 घोषणा की तारीख /Date Of Pronouncement: 01/07/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 03.05.2019 Passed By The Commissioner Of Income Tax (Appeals)-46, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: - “(I) "On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Restricting The Addition To 5% On Account Of Bogus Purchases, Without Appreciating The Fact That The Sales Tax Department Has Proved Beyond Doubt That The Parties Declared As Hawala Traders Were Involved In Providing Accommodation Entry Of Purchases

For Appellant: Shri Mahesh SabooFor Respondent: Ms. Smita Verma (Sr. AR)
Section 133(6)Section 143(1)Section 148

Smt. Ruksana, Jhalawar vs. ITO, Ward, Jhalawar

ITA 192/JPR/2020[2011-12]Status: DisposedITAT Jaipur30 Jun 2021AY 2011-12

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 192/Jp/2020 Fu/Kzkj.K O"Kz@Assessment Year :2011-12 Smt. Ruksana, Cuke I.T.O., Vs. L/H Of Late Sh. Mohammed Salim, Ward-Jhalawar. Kunjda Street, Bada Bazar, Jhalawar City, Jhalawar-326001. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Bjeps 1293 M Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Shravan Kr. Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By: Smt. Runi Pal (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 08/04/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Kota Dated 21/09/2017 For The A.Y. 2011-12. The Grounds Taken By The Assessee In This Appeal Are As Under: “1. The Impugned Assessment Order U/S 143(3) Dated 15.03.2014 Is Bad In Law & On Facts Of The Case, For Want Of Jurisdiction, Being Debatable Issue & Various Other Reasons & Hence The Same May Kindly Be Quashed. 2.1 Rs.13,45,442/-: The Assessing Officer Has Grossly Erred In Law As Well As On The Facts Of The Case In Invoking The Provision Of Section 145(3). The Provision So Invoked By The Assessing Officer & Confirmed By The Ld. Cit(A) Being Totally Contrary To The Provisions Of Law & Facts On The Record & Hence The Same May Kindly Be Quashed.

For Appellant: Shri Shravan Kr. Gupta (Adv)For Respondent: Smt. Runi Pal (Addl.CIT)
Section 143(3)Section 145(3)Section 234