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 366,005 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

Sections most often in play

Section 133ASection 143(3)Section 131Section 147Section 132(4)Section 132Section 153ASection 142(1)

Issues it is cited on

section 133a(3)(iii)survey under section 133aretracted statementsection 158bbstatement under section 132(4)section 133asection 133section 292cblock periodsection 132(4)loose paperssection 131

Judgments citing CIT v. S. Khader Khan Son

V S A Infra Projects Private Limited, Hyderabad vs. DCIT., Central Circle-1(2), Hyderabad

In the result, the appeal of assessee in ITA Nos

ITA 905/HYD/2025[2018-19]Status: DisposedITAT Hyderabad26 Nov 2025AY 2018-19
Section 132Section 132ASection 133ASection 143(3)Section 153A

…g the course of survey to support the additions made towards subcontract expenditure. It is well-established principle of law by the decision of various Courts, including the decision of Hon’ble Supreme Court in the case of CIT Vs. Khader Khan and Sons (2012) 352 ITR 480 that, additions cannot be made only on the basis of statement recorded during the course of survey, if such addition is not based on any corroborative evidences. In the present case, there is no dispute with regard to the fact that, the A.O. has not brought on record any material to support the settled legal position. 20. Insofar as the statemen…

V S A Infra Projects Private Limited, Hyderabad vs. DCIT., Central Circle-1(2), Hyderabad

In the result, the appeal of assessee in ITA Nos

ITA 904/HYD/2025[2017-18]Status: DisposedITAT Hyderabad26 Nov 2025AY 2017-18

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 132Section 132ASection 133ASection 143(3)Section 153A

…g the course of survey to support the additions made towards subcontract expenditure. It is well-established principle of law by the decision of various Courts, including the decision of Hon’ble Supreme Court in the case of CIT Vs. Khader Khan and Sons (2012) 352 ITR 480 that, additions cannot be made only on the basis of statement recorded during the course of survey, if such addition is not based on any corroborative evidences. In the present case, there is no dispute with regard to the fact that, the A.O. has not brought on record any material to support the settled legal position. 20. Insofar as the statemen…

V S A Infra Projects Private Limited, Hyderabad vs. DCIT., Central Circle-1(2), Hyderabad

In the result, the appeal of assessee in ITA Nos

ITA 903/HYD/2025[2016-17]Status: DisposedITAT Hyderabad26 Nov 2025AY 2016-17

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON'BLE (Accountant Member)

Section 132Section 132ASection 133ASection 143(3)Section 153A

…g the course of survey to support the additions made towards subcontract expenditure. It is well-established principle of law by the decision of various Courts, including the decision of Hon’ble Supreme Court in the case of CIT Vs. Khader Khan and Sons (2012) 352 ITR 480 that, additions cannot be made only on the basis of statement recorded during the course of survey, if such addition is not based on any corroborative evidences. In the present case, there is no dispute with regard to the fact that, the A.O. has not brought on record any material to support the settled legal position. 20. Insofar as the statemen…

V S A Infra Projects Private Limited, Hyderabad vs. DCIT., Central Circle -1(2), Hyderabad

In the result, the appeal of assessee in ITA Nos

ITA 902/HYD/2025[2014-15]Status: DisposedITAT Hyderabad26 Nov 2025AY 2014-15
Section 132Section 132ASection 133ASection 143(3)Section 153A

…g the course of survey to support the additions made towards subcontract expenditure. It is well-established principle of law by the decision of various Courts, including the decision of Hon’ble Supreme Court in the case of CIT Vs. Khader Khan and Sons (2012) 352 ITR 480 that, additions cannot be made only on the basis of statement recorded during the course of survey, if such addition is not based on any corroborative evidences. In the present case, there is no dispute with regard to the fact that, the A.O. has not brought on record any material to support the settled legal position. 20. Insofar as the statemen…

ITO WD 2(1) Kol, Kolkata vs. Unicorn Plaza (P) Ltd., Kolkata

In the result, the appeal filed by the revenue is dismissed and cross-objection of the assessee is also dismissed

ITA 2213/KOL/2024[2011-12]Status: DisposedITAT Kolkata19 Nov 2025AY 2011-12

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2011-12 Ito, Ward-2(1), Kolkata…………...….……………….……….……….……Appellant Vs. Unicorn Plaza (P) Ltd….………………………………….....……...…..…..Respondent Commerce House, 2A, Ganesh Chandra Avenue Room No.4, 2Nd Floor, Kolkata-700013. [Pan: Aaacu8963B] C.O. 53/Kol/2024 (In Ita No.2213/Kol/2024) Assessment Year: 2011-12 Unicorn Plaza (P) Ltd.….………………. ….……….…….……….……Cross-Objector Commerce House, 2A, Ganesh Chandra Avenue Room No.4, 2Nd Floor, Kolkata-700013. [Pan: Aaacu8963B] Vs. Ito, Ward-2(1), Kolkata ……………………………..…...…..…………….Respondent Appearances By: Shri S. Jhajharia, Fca, Appeared On Behalf Of The Assessee. Shri P. N. Barnwal, Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : November 03, 2025 Date Of Pronouncing The Order : November 19, 2025 Order Per Pradip Kumar Choubey:

Section 132Section 133ASection 139(1)Section 143(2)Section 14ASection 153ASection 250Section 68Section 69C

…आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Rajesh Kumar, Accountant Member and Shri Pradip Kumar Choubey, Judicial Member Assessment Year: 2011-12 ITO, Ward-2(1), Kolkata…………...….……………….……….……….……Appellant vs. Unicorn Plaza (P) Ltd….………………………………….....……...…..…..Respondent Commerce House, 2A, Ganesh Chandra Avenue Room No.4, 2nd Floor, Kolkata-700013. [PAN: AAACU8963B] C.O. 53/Kol/2024 (in ITA No.2213/Kol/2024) Assessment Year: 2011-12 Unicorn Plaza (P) Ltd.….………………. ….……….…….……….……Cross-Objector Commerce House, 2A, Ganesh Chandra Avenue Room No.…

Deputy Commissioner of Income Tax, Central Circle 4(3), Kolkata vs. Avima Exports Private Limited, Kolkata

Accordingly the ground No. 2 is dismissed by upholding the order of Ld

ITA 1439/KOL/2025[2014-15]Status: DisposedITAT Kolkata11 Nov 2025AY 2014-15

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Dcit, Central Circle 4(3) Avima Exports Private Limited 4Th Ns Road, Dalhousie, Kolkata, 110, Shantipally, Vs. Kolkata-700107, West Bengal Kolkata-700001, West Bengal (Appellant) (Respondent) Pan No. Aagca5857N Assessee By : Shri Manish Tiwari, Ar Revenue By : Shri Raja Sengupta, Dr Date Of Hearing: 03.09.2025 Date Of Pronouncement: 11.11.2025

For Appellant: Shri Manish Tiwari, ARFor Respondent: Shri Raja Sengupta, DR
Section 131Section 133ASection 143(3)Section 68

….2019 respectively. The Ld. CIT(A) further noted that the retracted statement cannot be relied to make the addition . The Ld. CIT(A) relied on the decision of Kalasben Mangarlal Chokshi Vs. CIT reported in 220 CTR 138 (Guj) and CIT Vs. Kedar Khan & Sons(2013) 352 ITR 480(SC).The Ld. CIT(A) also relied on the decision of CIT Vs. Ms. Mayawati 338 ITR 563 (Del) to support her finding that the financial strength cannot be determined on the basis of parameters such as low income, lack of fixed assets in the balance sheet , turnover and rent payments etc. the Ld. CIT(A) thereafter in para 6.2.5 extracted the table ment…

Deputy Commissioner of Income Tax, Jalandhar vs. Ankush Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 392/ASR/2024[2012-13]Status: DisposedITAT Amritsar30 Oct 2025AY 2012-13

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Tax, Jalandhar vs. Ankush Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 391/ASR/2024[2011-12]Status: DisposedITAT Amritsar30 Oct 2025AY 2011-12

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Tax, Jalandhar vs. Ankur Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 390/ASR/2024[2019-20]Status: DisposedITAT Amritsar30 Oct 2025AY 2019-20

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Tax, Jalandhar vs. Ankur Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 389/ASR/2024[2018-19]Status: DisposedITAT Amritsar30 Oct 2025AY 2018-19

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Tax, Jalandhar vs. Ankush Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 388/ASR/2024[2017-18]Status: DisposedITAT Amritsar30 Oct 2025AY 2017-18

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Tax, Jalandhar vs. Ankush Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 387/ASR/2024[2016-17]Status: DisposedITAT Amritsar30 Oct 2025AY 2016-17

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Tax, Jalandhar vs. Ankush Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 386/ASR/2024[2015-16]Status: DisposedITAT Amritsar30 Oct 2025AY 2015-16

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Tax, Jalandhar vs. Ankush Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 385/ASR/2024[2014-15]Status: DisposedITAT Amritsar30 Oct 2025AY 2014-15

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Taxq, Jalandhar vs. Ankush Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 384/ASR/2024[2013-14]Status: DisposedITAT Amritsar30 Oct 2025AY 2013-14

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Tax Central Circle-1, Jalandhar vs. Ankush Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 383/ASR/2024[2018-19]Status: DisposedITAT Amritsar30 Oct 2025AY 2018-19

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Tax Central Circle-1, Jalandhar vs. Ankur Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 382/ASR/2024[2017-18]Status: DisposedITAT Amritsar30 Oct 2025AY 2017-18

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

Deputy Commissioner of Income Tax, Jalandhar vs. Ankur Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 340/ASR/2024[2016-17]Status: DisposedITAT Amritsar30 Oct 2025AY 2016-17

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

DCIT Central Circle 1, Jalandhar vs. Ankur Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 339/ASR/2024[2015-16]Status: DisposedITAT Amritsar30 Oct 2025AY 2015-16

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…

DCIT Central Circle 1 Jalandhar, Jalandhar vs. Ankur Marwaha, Jalandhar

In the result, all the appeals filed by the revenue are dismissed

ITA 338/ASR/2024[2014-15]Status: DisposedITAT Amritsar30 Oct 2025AY 2014-15

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. K. Mehboob Ali Khan, CIT-DR
Section 153ASection 250Section 69A

…available with the Assessing Officer as the material collected and the statement obtained u/s 131 would not automatically bind upon the assessee.This issue had been considered in the case of CIT, Salem v. M/s.S.Khader Khan Son (2012) 254 CTR (SC) 228 : (2013) 352 ITR 480 (SC) : (2012) 210 TAXMAN 248 (SC) wherein the Bench stated that the word “may” used in Section 133A(3)(iii) of the Act, viz., “record the statement of any person which may be useful for, or relevant to, any proceeding under this Act, made it clear that the materials collected and the statement recorded during the survey under Section 133A were no…