CIT v. S. Khader Khan Son

352 ITR 480Supreme Court of India2013#104 most cited

What is CIT v. S. Khader Khan Son authority for?

Statements recorded during a survey under Section 133A do not have evidentiary value as Section 133A does not empower examination on oath. Consequently, additions to income cannot be made solely based on such uncorroborated statements without other credible evidence.

581

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. S. Khader Khan Son · Section 133A · survey proceedings · evidentiary value · statement on oath · corroborative evidence · additions to income · uncorroborated statement · basis of assessment · Section 131 · retracted statement

Also reported as

25 Taxmann.com 413254 CTR 22825 Taxmann 413

Issues it is cited on

Judgments citing CIT v. S. Khader Khan Son

M/S. Shalimar Pellet Feeds Ltd., Kolkata vs. ACIT, Central Circle - 2(1), Kolkata

Appeal is partly allowed in above terms

ITA 2293/KOL/2018[2012-13]Status: DisposedITAT Kolkata29 Jan 2020AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 M/S Shalimar Pellet Feeds V/S. Acit, Central Circle- Ltd., 17B &C Everest 2(1), Aayakar Bhawan House, 46/C Chowringhee Poorva,110, Shanti Road,Kolkata-700 071 Pally,Kolkta-107 [Pan No.Aadcs 8617 H] .. अपीलाथ" /Appellant ""यथ"/Respondent Mrs. Shika Agrawal, Aca अपीलाथ" क" ओर से/By Appellant Shri Dhrubajyoti Ray, Jcit-Dr ""यथ" क" ओर से/By Respondent 16-01-2020 सुनवाई क" तार"ख/Date Of Hearing 29-01-2020 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax (Appeals)-20, Kolkata’S Order Dated 02.10.2018, Involving Proceedings U/S 153A R.W.S. 143(3) Of The Income Tax Act, 1961; ‘The Act’. Heard Both The Parties. Case File Perused.

Section 147Section 153ASection 3Section 35Section 35(1)(ii)

…erbicure) was given back to the assessee after deducting the commission. We note that the statement recorded on oath during survey cannot be the sole basis for making the disallowance as decided by the Hon'ble Supreme Court in CIT Vs. S. Kader Khan Son (2013) 352 ITR 480 (SC). In any case, if the AO was of the opinion that the statement of Shri Swapan Ranjan Dasgupta, the founder Director of M/s. Herbicure has adversely affected the veracity of the donation made by the assessee then he was duty bound to summon Shri Swapan Ranjan Dasgupta and allowed the assessee to have cross examined him, failing which the state…