ACIT v. Hukum Chand Jain

337 ITR 238High Court2011#1096 most cited

What is ACIT v. Hukum Chand Jain authority for?

Allegations of duress or coercion regarding a statement recorded under Section 132(4) are to be overruled if made after a significant lapse of time without any material evidence. Such a statement holds great evidentiary value.

101

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2025.

Also referred to as

ACIT v. Hukum Chand Jain · Section 132(4) statement · retracted statement · allegation of duress · allegation of coercion · evidentiary value of sworn statement · delayed retraction · lack of material evidence · statement during search · validity of statement

Issues it is cited on

Judgments citing ACIT v. Hukum Chand Jain

Blue Park Sea Foods Private Limited., Bhimavaram vs. Dy CIT, Central Circle, Vijayawada

In the result, appeal filed by the assessee is dismissed

ITA 515/VIZ/2017[2011-12]Status: DisposedITAT Visakhapatnam29 Feb 2024AY 2011-12

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.515/Viz/2017 ("नधा"रण वष" / Assessment Year : 2011-12) Blue Park Sea Foods Private Vs. Dy. Commissioner Of Income Limited, Tax, Bhimavaram, W.G. Dist, Central Circle, Andhra Pradesh. Vijayawada. Pan: Aaccb 0689 H (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Assessee By : Sri C. Subrahmanyam, Ar ""याथ" क" ओर से / Revenue By : Dr. Satyasai Rath, Cit-Dr

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 132(4)Section 143(3)Section 153ASection 40Section 68

…AR also pleaded that the Ld. AO has not given any specific observations on the additional evidences in his remand report. He therefore relied on the decision of the Hon’ble High Court of Rajasthan in the case of Hukum Chand Jain vs. ITO reported in [2011] 334 ITR 197 (Rajasthan) wherein it was held that the confession is not a conclusive evidence. Therefore, the Ld. AR pleaded that the addition made by the Ld. AO be deleted. 8. Per contra, the Ld. Departmental Representative [DR] placed heavy reliance on the orders of the Ld. Revenue Authorities and argued that the assessee has not proved the identity and…