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

Issues it is cited on

Judgments citing CIT v. S. Khader Khan Son

Sh. Ashwani Jain, New Delhi vs. ACIT, New Delhi

In the result, the appeal is allowed

ITA 2422/DEL/2013[2007-08]Status: DisposedITAT Delhi30 Sept 2015AY 2007-08

Bench: Shri Inturi Rama Rao & Smt. Beena A. Pillaiassessment Year: 2007-08 Ashwani Jain, A-92, Vs. Asstt. Commissioner Of Gujrawalan Town, Part-1, Income Tax, Circle-20(1), New Delhi New Delhi (Pan: Aahpj3505G) (Appellant) (Respondent) Appellant By : S/Sh. Rakesh Gupta & Tarun Kumar, Advocates Respondent By : Sh. K.K. Jaiswal, Dr Date Of Hearing: 08.09.2015 Date Of Pronouncement: 30.09.2015 Order Per Inturi Rama Rao, A.M.: This Is An Appeal Filed By The Assessee Directed Against The Order Of Cit(A)-Xxii, New Delhi, Dated 31.12.2012 Passed For The Assessment Year 2007-08. The Assessee Raised The Following Grounds Of Appeal: I. That Having Regard To The Facts & Circumstances Of The Case, Ld. Cit(A) Has Erred In Law & On Facts In Confirming The Action Of Ld. Ao In Levying Penalty Of Rs.6,23,046/- & That Too Without Assuming Jurisdiction As Per Law & Without Considering The Facts & Circumstances Of The Case & The Impugned Penalty Order Being Illegal & Void Ab-Initio. Ii. That In Any Case & In Any View Of The Matter, Action Of Ld. Cit(A) In Not Quashing The Penalty Order Framed By Ld. Ao Is Beyond Jurisdiction & Without Considering The Facts & Circumstances Of The Case & The Impugned Penalty Order Being Illegal & Void Ab-Initio & The Impugned Penalty Order Has Been Framed Without Considering The Submissions/Evidences Of The Assessee & Without Providing Any Adverse

For Appellant: S/sh. Rakesh Gupta & Tarun Kumar, AdvocatesFor Respondent: Sh. K.K. Jaiswal, DR
Section 143(3)Section 271Section 271(1)(c)Section 69C

…Mathews and Sons Vs. CIT, (2003) 263 ITR 101 (Ker.) had clearly held that no addition can be made based on the mere statement. The decision of the Hon’ble Madras High Court was approved by Hon’ble Supreme Court in the case of CIT Vs. Khader Khand Son, (2013) 352 ITR 480 (SC) after granting the leave. That apart, the CBDT which is the apex body in administering the provisions of Income Tax Act had issued Circle dt. 10th March, 2003 to its officers that no addition can be made on mere statement of assessee without bringing any independent incriminating material on record. Therefore, in the light of the above decis…