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)

Aditya Ornaments, Rajkot vs. The ITO, Ward-2(1)(1), Rajkot

In the result, appeal filed by the assessee is allowed

ITA 599/RJT/2026[2017-18]Status: DisposedITAT Rajkot31 Aug 2026AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 599/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2017-18) Aditya Ornaments The Income-Tax Officer, Ground Floor, Shri Ghanshyam Ward-2(1)(1), Rajkot Vs. Niwas, 8/19, Kevdawadi Corner, Income-Tax Office, Race Kevdawadi Main Road, Course Ring Road Rajkot Gujarat 360001 Rajkot Gujarat 360001 "थायीलेखासं./जीआइआरसं./ Pan/Gir No.: Aaxfa4839Q (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 25/08/2026 Date Of Pronouncement : 31/08/2026 Order Per, Bench: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2017-18, Is Directed Against The Order Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 27.02.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3) Of The Act, Dated 24.12.2019. Aditya Ornaments

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 142(1)Section 143(2)Section 143(3)Section 250Section 69A

Punit Goel, Lucknow vs. DCIT/ACIT-3, Lucknow

In the result, the appeal of the assessee is held to be partly allowed for statistical purposes

ITA 500/LKW/2025[2016-17]Status: DisposedITAT Lucknow31 Aug 2026AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Punit Goel, Vs. Acit-2, C-35, E-Park, Mahanagar Lucknow-New Extension, Lucknow Pan: Aeppg2547F (Appellant) (Respondent) Assessee By: Sh. Ashwani Kumar, C.A. Revenue By: Smt. Pratibha Singh, Addl Cit Dr Date Of Hearing: 11.06.2026 Date Of Pronouncement: 31.08.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 2.07.2025 Wherein The Ld. Cit(A) Has Partly Allowed The Appeals Of The Assessee That Were Filed Against The Order Of The Ld. Assessing Officer Under Section 143(3) For The Assessment Year 2016-17 On 25.12.2018. The Grounds Of Appeal Are As Under:- “1 That The Learned Lower Court Erred In Law & Facts Of The Case By Not Allowing The Appeal. 2. That The Learned Lower Court Erred In Law By Not Providing The Reasonable 2 Opportunity Of Being Heard Through Video Conferencing Even After Requesting For The Same. 3. That The Learned Lower Court Erred In Facts & Legal Aspects Of The Case In Making Addition Of Rs. 13,35,356/-Being Difference Of Income As Per 26As & Books. 4. That The Learned Lower Court Erred In Making Addition Of Rs 13,35,356/- On Account Of Alleged Difference With 26As Without Bringing On Record Any Evidence That The Difference Was Income Of The Appellant.

For Appellant: Sh. Ashwani Kumar, C.AFor Respondent: Smt. Pratibha Singh, Addl CIT DR
Section 133(6)Section 143(3)Section 194CSection 68