Bhagirath Aggarwal v. CIT

31 Taxmann.com 274High Court2013#704 most cited

What is Bhagirath Aggarwal v. CIT authority for?

An addition to income based on statements recorded during search operations under Section 132(4) is valid, and the assessee bears the burden of proving such statements incorrect to justify their deletion. The Assessing Officer can rely on such statements, a proposition affirmed by the Supreme Court's dismissal of the SLP.

144

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

Bhagirath Aggarwal v. CIT · Section 132(4) · Section 132 · statements recorded during search · evidentiary value of admission · retracted statement · burden of proof on assessee · addition based on statement · search assessment · SLP dismissed

Also reported as

351 ITR 143215 Taxmann 229

Issues it is cited on

Judgments citing Bhagirath Aggarwal v. CIT

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, INCOME TAX OFFICE vs. SUPREME POLYMERS PRIVATE LIMITED, JAIPUR

In the results the appeal of the

ITA 189/JPR/2025[2015-16]Status: DisposedITAT Jaipur06 Aug 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA No. 189/JP/2025 निर्धारण वर्ष / Assessment Year : 2015-16 DCIT, Central Circle-03, Jaipur बनाम Vs. Supreme Polymers Pvt. Ltd. 137-138, Industrial Area, Jhotwara, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AACCS 5773 P अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Shri Gaurav Nahata, CA राजस्व की ओर से / Revenue by : Mrs. Anita Rinesh, JCIT, Sr. DR सुनवाई की ता

For Appellant: Shri Gaurav Nahata, CAFor Respondent: Mrs. Anita Rinesh, JCIT, Sr. DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 153A

…hat in such a scenario the Id. assessing authority while determining the total income may also make addition on other issues even if not emanating from incriminating material found in search. Hon'ble Delhi High Court in the case of Bhagirath Aggarwal vs. CIT (351 ITR 143) (Delhi) held that an addition in assessee's income relying on statements recorded during search operations cannot be deleted without proving statements to be incorrect. Hon'ble Delhi High Court in the case of CIT vs. M.S. Aggarwal [2018] 93 taxmann.com 247 (Delhi) held that where in course of block assessment proceedings, AO made addition to ass…

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Bhagirath Aggarwal v. CIT (31 Taxmann.com 274) — Cited in 144 Judgments | BharatTax