CIT v. Khader Khan Sons.

369 ITR 145High Court2014#4930 most cited

What is CIT v. Khader Khan Sons. authority for?

Additions to income cannot be made solely on the basis of a statement made during a survey operation or a retracted surrender, unless supported by cogent material and corroborative evidence.

24

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Also referred to as

CIT v. Khader Khan Sons · 369 ITR 145 · admission of income · retracted statement · survey under section 133a · surrender of income · corroborative evidence · addition based on statement · section 133a

Issues it is cited on

Judgments citing CIT v. Khader Khan Sons.

ACIT CENTRAL CIRCLE- 2(3), HYDERABAD vs. DCS LIMITED, HYDERABAD

In the result, appeal filed by the Revenue is dismissed

ITA 445/HYD/2021[2017-18]Status: DisposedITAT Hyderabad14 Mar 2023AY 2017-18

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Asstt. C. I. T. Vs. Dcs Limited Central Circle 2(4) Hyderabad Hyderabad Pan:Aaacd7127J (Appellant) (Respondent) Assessee By: Advocate Mohd Afzal Revenue By: Shri Kprr Murthy,Dr Date Of Hearing: 06/03/2023 Date Of Pronouncement: 14/03/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.07.2021 Of The Learned Cit (A)-12, Hyderabad, Relating To A.Y.2017-18. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Civil & Mining Contract. It Filed Its Return Of Income U/S 139(1) Of The Income Tax Act On 27.10.2017 Declaring Total Income Of Rs.3,92,02,560/-. The Case Was Selected For Scrutiny Under Cass & Statutory Notices U/S 143(2) & 142(1) Were Issued & Served On The Assessee To Which The A.R Of The Assessee Appeared Before The Assessing Officer From Time To Time & Filed The Requisite Details. Page 1 Of 13

For Appellant: Advocate Mohd AfzalFor Respondent: Shri KPRR Murthy,DR
Section 132Section 133ASection 139(1)Section 143(2)

…bove decision of the Hon'ble Madras High Court has been upheld by the Hon'ble Supreme Court reported in CIT vs. S. Khadar Khan Son (2012) 25 traxmann.com 413 (S.C). 18. The Hon'ble Rajasthan High Court in the case of CIT vs. Shri Ashok Dharendra, reported in 369 ITR 145 has held that addition is not justified merely on the statement recorded during the course of survey. The Hon'ble Gujarat High Court in the case of CIT vs. M.P. Scrap Traders reported in (2015) 372 ITR 507 has held Page 11 of 13 ITA No 445 of 2021 DCS Ltd Hyderabad that the addition cannot be made on the basis of statement during the course of…

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