PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 3 vs. KUBER KHADYAN PVT LTD
What did the High Court hold?
The High Court held that a statement recorded under Section 132(4) of the Act, while having evidentiary value, cannot solely form the basis for additions in a search assessment. Corroborative material is necessary to sustain such additions.
What were the facts?
The Revenue appealed against the Tribunal's decision that a statement recorded under Section 132(4) of the Income Tax Act, 1961, did not constitute incriminating material on its own. The additions made by the Assessing Officer were based solely on this statement.
What were the issues?
Whether a statement recorded under Section 132(4) of the Income Tax Act, 1961, can be the sole basis for making additions in a search assessment without corroborative material.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
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- 379 ITR 367 (Del) CIT v. Sunil Aggarwal7 citing2024 SCC OnLine DEL 4012 · 2024
$~74-76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 143/2022 PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 3
.....Appellant Through: Mr. Abhishek Maratha, SSC with Mr. Parth Semiwal, Ms. Nupur Sharma, JSC Mr. Gaurav Singh, Mr. Bhanukaran Singh Jodha & Mr. Muskan Goel, Advs.
versus
KUBER KHADYAN PVT LTD
.....Respondent
Through: Mr. Ruchesh Sinha, Adv. 75 + ITA 144/2022
PRINCIPAL COMMISSIONER OF INCOME TAX DELHI CENTRAL 3
.....Appellant Through: Mr. Abhishek Maratha, SSC with Mr. Parth Semiwal, Ms. Nupur Sharma, JSC Mr. Gaurav Singh, Mr. Bhanukaran Singh Jodha & Mr. Muskan Goel, Advs.
versus
KUBER KHADYAN PVT LTD
.....Respondent
Through: Mr. Ruchesh Sinha, Adv. 76 + ITA 136/2023
PCIT-7, DELHI
.....Appellant Through: Mr. Sunil Agarwal, SSC with Mr. Shivansh B. Pandya, Mr. Viplav Acharya, JSCs & Mr. Utkarsh Tiwari, Adv.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 00:19:57
versus
M/S SANJIVANI INDUSTRIES PVT LTD .....Respondent
Through: Mr. Ruchesh Sinha, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R %
29.07.2024
We had admitted the instant appeals in terms of our order of 19 July 2023 and framed the following questions of law: “(i) Whether the Tribunal was right in law in holding that the statement of Mr. Mulchand Malu recorded under Section 132(4) of the Income Tax Act, 1961 (in short, “Act”) would not constitute incriminating material?
(ii) Whether the impugned order dated 26.3.21 passed by the Tribunal is perverse in law and on facts?
On facts it is not disputed that the additions which were sought to be made in the course of search assessment rested solely on a statement of an individual which came to be recorded in terms of Section 132(4) of the Income Tax Act, 1961 [“Act”]. It is in the aforesaid backdrop that the respondent-assessee appears to have assailed the said subject additions. 3. We note that the issue of relevancy of a statement under Section 132(4) and whether the same could on a standalone basis constitute material justifying additions in case of a search assessment was an issue which was duly examined by us in Principal Commissioner of Income Tax (Central)-3 vs. Pavitra Realcon Pvt. Ltd [2024 SCC OnLine Del 4012], and where ultimately, we had held as follows: “20. However, it is an undisputed fact that the statement recorded under Section 132(4) of the Act has better evidentiary value but it is also a settled position of law that addition cannot be sustained merely on the basis of the statement. There has to be some material This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 00:19:57
corroborating the content of the statements.
In the case of Kailashben Manharlal Chokshi v. CIT1, the Gujarat High Court held that the additions could not be made only on the basis of admissions made by the assessee, in the absence of any corroborative material. The relevant paragraph no. 26 of the said decision has been reproduced hereinbelow:— 26. In view of what has been stated hereinabove we are of the view that this explanation seems to be more convincing, has not been considered by the authorities below and additions were made and/or confirmed merely on the basis of statement recorded under section 132(4) of the Act. Despite the fact that the said statement was later on retracted no evidence has been led by the Revenue authority. We are, therefore, of the view that merely on the basis of admission the assessee could not have been subjected to such additions unless and until, some corroborative evidence is found in support of such admission.We are also of the view that from the statement recorded at such odd hours cannot be considered to be a voluntary state ment, if it is subsequently retracted and necessary evidence is led contrary to such admission. Hence, there is no reason not to disbelieve the retrac tion made by the Assessing Officer and explanation duly supported by the evidence. We are, therefore, of the view that the Tribunal was not justified in making addition of Rs. 6 lakhs on the basis of statement recorded by the Assessing Officer under section 132(4) of the Act. The Tribunal has com mitted an error in ignoring the retraction made by the assessee. [Emphasis supplied]
Further, the position with respect to whether a statement recorded under Section 132(4) of the Act could be a standalone basis for making assessment was clarified by this Court in the case of CIT v. Harjeev Aggarwal2, wherein, it was held that merely because an admission has been made by the assessee during the search operation, the same could not be used to make additions in the absence of any evidence to corroborate the same. The relevant paragraph of the said decision is extracted herein below:— “20. In our view, a plain reading of section 158BB(1) of the Act does not contemplate computing of undisclosed income solely on the basis of a statement recorded during the search. The words “evidence found as a result of search” would not take within its sweep statements recorded during search and seizure operations. However, the statements recorded would certainly constitute information and if such information is relatable to the evidence or material found during search, the same could certainly be used in evidence in any proceedings under the Act as expressly mandated by virtue of the Explanation to section 132(4) of the Act. However, such statements on a stand alone basis without This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 00:19:57
reference to any other material discovered during search and seizure operations would not empower the Assessing Officer to make a block assessment merely because any admission was made by the assessee during search operation. [Emphasis supplied]
In our opinion, the Act does not contemplate computing of undisclosed income solely on the basis of statements made during a search. However, these statements do constitute information, and if they relate to the evidence or material found during the search, they can be used in proceedings under the Act, as specified under Section 132(4) of the Act. Nonetheless, such statements alone, without any other material discovered during the search which would corroborate said statements, do not grant the AO the authority to make an assessment.”
Following the aforesaid decision, we answer the question which stands posited in the negative and against the appellant. The appeals shall, consequently, stand dismissed.
YASHWANT VARMA, J
TARA VITASTA GANJU, J JULY 29, 2024/kk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 00:19:57
More judgments on Section 132(4)
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 670/VIZ/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 669/VIZ/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Anilkumar Jayantilal Khatri, Ahmedabad vs The Dy.CIT, Circle-3(1)(1), AhmedabadITA 2053/AHD/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
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