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)

Kamlesh Kumar Jain, Jajpur vs. CIT, Cuttack

In the result, appeal of the assessee is dismissed

ITA 265/CTK/2015[2010-11]Status: DisposedITAT Cuttack22 Sept 2017AY 2010-11

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.265/Ctk/2015 (धनधाारण वषा / Assessment Year :2010-2011) Sri Kamlesh Kumar Jain, Vs. Cit, Cuttack C/O-Jain Transport, Chandikhole, At-Sunguda, Jajpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aejpj 7987 H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) निर्ााररती की ओर से /Assessee By : Shri R.K.Jhunjhunwala, Ar राजस्व की ओर से /Revenue By : Shri A.K.Mohapatra, Citdr सुनवाई की तारीख / Date Of Hearing : 19/09/2017 घोषणा की तारीख/Date Of Pronouncement 22/09/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed An Appeal Against The Order Of Cit, Cuttack, Dated 31.03.2015, Passed U/S.263 Of The Income Tax Act, 1961 For The Assessment Year 2009-2010, Wherein The Assessee Has Raised The Following Grounds :- 1. For That The Learned Cit Has Erred Both In Law & Fact In Invoking The Provisions Of Section 263 Without Satisfying The Requirement Of Law. 2. For That, The Learned Cit Is Wrong & Unlawful In Passing An Order Under Section 263 For Having Disagreement With The Opinion Of Ao, Which Is Not Unlawful. 3. For That The Learned Cit Has Erred Both In Law & Fact By Holding That Exercise Of Power Under Section 263 Is Justified Even In Case Of In Adequate Inquiry By Ao. 4. For That The Learned Cit (Appeal) Has Erred Both In Law & Fact By Passing Order By Exercising Power Under Section 263 Without Having Any Cogent Material On Hand. 5. The Assessee Craves The Leave Of This Honorable Bench To Add, Alter, Modify, Substitute Anv Of The Above Grounds Or Submit Any Fresh Additional Grounds During Appeal Proceeding.

For Appellant: Shri R.K.Jhunjhunwala, ARFor Respondent: Shri A.K.Mohapatra, CITDR
Section 143(1)Section 143(2)Section 143(3)Section 145(3)Section 263

ACIT 33(1), Mumbai vs. Abhinav Elecctrical Industries, Mumbai

In the result, the appeal is allowed

ITA 4494/MUM/2015[2011-12]Status: DisposedITAT Mumbai18 Sept 2017AY 2011-12

Bench: Hon’Ble S/Shri Joginder Singh (Jm) & Rajesh Kumar,(Am) आमकय अऩीर सं./I.T.A. No.4494/Mum/2015 (ननधधायण वषा / Assessment Year :2011-12) The Asstt. Commissioner Of बनाम/ M/S Abhinav Electrical Income Tax- 33(1),, Industries,403, Vasant Vaibhav, Vs. Room No.308, 3Rd Floor,. M G Road, Kandivali (W), Bld. No.C-11, Mumbai-400067 Pratyakshakar Bhavan, Bandra Kurla Complex, Bandra (E), Mumbai-400051 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) .. स्थधमी रेखध सं./Pan No. :Aahfa8603N अऩीरधथी ओय से / Appellant By: Shri Saurabh Deshpande प्रत्मथी की ओय से/Respondent By None सुनवधई की तधयीख / Date Of Hearing : 29.8.2017 घोषणध की तधयीख /Date Of Pronouncement : 18.9.2017 आदेश / O R D E R Per Rajesh Kumar: This Is An Appeal Filed By The Revenue & Is Directed Against The Order Of The Ld. Cit(A)-45, Mumbai Dated 8.5.2015 Pertaining To A.Y.2011-12. 2. At The Outset, We Would Like To Mention Here That Neither The Assessee Or His Authorized Representative Appeared Before This Tribunal When The Appeal Was Called For Hearing Nor Was Any Application Seeking Adjournment Of The Hearing Was Received In The Office Of The Tribunal Despite Service Of Notice Through Rpad. Therefore, We Proceed To Dispose Of The Appeals Of The Assessee Ex-Parte After Hearing The Ld.Dr. 3. Only Issue Raised In Ground No. 1 Of This Appeal By The Revenue Is Against The Non-Confirmation Of Rejection Of Books Of Accounts By The Ld. Cit(A) & Issue In Ground No.2 Is Against The Deletion Of Addition Of Rs.1,50,31,440/- By The Ld. Cit(A) As Made By The Ao By Applying Average Gp At The Rate Of 14.29%.

For Appellant: Shri Saurabh Deshpande
Section 143(3)Section 145(3)