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

Shri Sayyed Hamid Ali, Ujjain vs. The ACIT Circle 2(1), Ujjain

In the result, the appeal of the assessee stands allowed

ITA 38/IND/2017[2012-13]Status: DisposedITAT Indore19 Dec 2019AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Sayyed Hamid Ali Acit-2(1) बनाम/ (Prop. Fairdeal Steel) 60-A, Ujjain Vs. Industrial Area Maxi Road, Ujjain (Appellant) (Revenue) Pan: Acmpa7063M Appellant By Shri S.S. Deshpande, Ca Revenue By Shri K.G. Goyal, Sr. Dr Date Of Hearing: 28.11.2019 Date Of Pronouncement: 19.12.2019 आदेश / O R D E R Per Manish Borad, A.M: This Appeal At The Instance Of Assessee Pertaining To A.Y. 2012-13 Is Directed Against The Order Of Commissioner Of Income Tax(Appeals), Ujjain, (In Short ‘Cit’), Dated 30.11.2016 Which Is Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961(Hereinafter Called As The ‘Act’) Framed On 10.03.2015 By Acit- 2(1), Ujjain.

Section 133ASection 142(1)Section 143(2)Section 143(3)

…tiary value as contemplated under law. Therefore the statement elicited during the survey operation has no evidentiary value. Similar view is taken in CIT vs. S. Khader Khan songs (2008) 300 ITR 157 (mad) [SLP filed by the department dismissed -210 Taxman 248/254 CTR 228(SC). 21. We find that in the case of Ashok Hanilal Thakkar vs. ACIT-279 ITR 143 (I.T.A.T.-AHM) No addition in come on the basis of disclosure could be made where the assessee had retracted certain income after disclosing it and no material had been found to prove this income during the survey. Sayyed Hamid Ali ITANo.38/Ind/2017 22. Hon'ble Bomba…

Shri Narendra Kumar Simhal, Bhopal vs. The ITO 1 (2), Bhopal

In the result, the appeal of the assessee stands allowed

ITA 474/IND/2018[13-14]Status: DisposedITAT Indore29 Nov 2019

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2013-14 Narendra Kumar Simhal (Huf) Ito-1(2) बनाम/ Prop:- M/S Alankar Jewellers, Bhopal Vs. 30, Roshanpura, T.T. Nagar, Bhopal (Appellant) (Revenue) Pan: Aachn2629G Appellant By Shri Ashish Goyal & Shri N.D. Patwa, Advs Revenue By Shri K.G. Goyal, Sr. Dr Date Of Hearing: 25.11.2019 Date Of Pronouncement: 29.11.2019 आदेश / O R D E R Per Manish Borad, A.M: This Appeal At The Instance Of Assessee Pertaining To A.Y. 2013-14 Is Directed Against The Order Of Commissioner Of Income Tax(Appeals), Bhopal, (In Short ‘Cit’), Dated 27.03.2018 Which Is Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961(Hereinafter Called As The ‘Act’) Framed On 25.02.2016 By Ito- 1(2), Bhopal.

Section 133ASection 143(2)Section 143(3)

…nd hence such statement has no evidentiary value and any admission made in such statement cannot, by itself, be made he basis for addition. It is pertinent to note that the SLP against the S. Kader Khan's case was dismissed by Supreme Court vide order [2013] 352 ITR 480 (SC)/[2012] 254 CTR 228 (SC) 8. Per Contra Ld. Departmental Representative (DR) vehemently argued supporting the orders of the lower authorities and also submitted that the alleged purchase of Rs.12,23,675/- was duly entered in the books of Laxmi Dia Jewels P. Ltd. on 05.11.2012 whereas in the assessee’s books it was entered after the date of su…

M/S. Computer Force, Daman vs. The ACIT, Vapi Circle, Vapi

In the result, the appeal of the assessee is allowed

ITA 3140/AHD/2014[2005-06]Status: DisposedITAT Surat27 Aug 2019AY 2005-06

Bench: Shri H. S. Sidhu & Shri O. P. Meenaआ.अ.सं./I.T.A No.3140/Ahd/2014 िनधा"रण वष"/Assessment Year: 2005-06 M/S. Computer Force, V. Assistant Commissioner Of Plot No. 376/2(14) Zari Causeway Income Tax, Vapi Circle, Vapi. Road, Opp. Grounds Of Appeal State Co-Op, Bank Kachigam, Daman - 396 193. [Pan: Aacfc 6893 K] अपीलाथ" Appellant ""यथ"/Respondent िनधा"रती क" ओर से Assessee By Shri A. Gopalakrishnan, Ca राज"व क" ओर से Revenue By Shri R. P. Rastogi, Sr. D.R. सुनवाई क" तारीख Date Of Hearing 19.07.2019 उ"ोषणा क" तारीख Date Of 27.08.2019 Pronouncement आदेश /Order Per O. P. Meena, Am 1. This Appeal By The Assessee Is Directed Against The Order Of Learned Commissioner Of Income Tax (Appeals)-Valsad (In Short “The Cit (A)”) Dated 10.10.2014 Pertaining To Assessment Year 2005-06 Against The Confirmation Of Penalty Of Rs.9,16,971/- Levied Under Section 271(1)(C) Income Tax Act,1961 (In Shot Of The Act)By The Assistant Commissioner Of Income Tax, Vapi Circle –Vapi (The Ao).

Section 133ASection 271(1)(c)

…nsel further submitted that statement recorded during the course of survey proceedings has no evidentiary value as held by the Hon`ble Supreme Court in the case of CIT vs. S. Khader Khan Sons (2008) 300 ITR 157(Mad) affirmed by Hon`ble Supreme Court in [2013] 352 ITR 480(SC)/ [2012] 201 Taxman 248 (SC) / 25 taxmann.com 413 Page 4 of 6 Computer Force, Daman v. ACIT-Vapi/I.T.A. No. 3140/AHD/2014/A.Y.05-06 (SC) and Pullangode Rubber Produce Co. Ltd. v. State of Kerala [1973] 91 ITR 18 (SC), Beside, statement there was no material found during survey which establish that the assessee has incurred any expenditure on…