CIT v. Sunil Aggarwal

64 Taxmann.com 107High Court2015#944 most cited

What is CIT v. Sunil Aggarwal authority for?

An addition of an unexplained cash credit based solely on an assessee's retracted admission made during a search and seizure operation is not justified, especially if the assessee later provides verifiable explanations.

113

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Sunil Aggarwal · section 132(4) · retracted statement · undisclosed income · search and seizure · unexplained cash credit · addition not justified · incriminating evidence · verification of accounts

Also reported as

237 Taxmann 512

Sections most often in play

Section 143(3)Section 132(4)Section 147Section 132Section 153ASection 148Section 68Section 133A
Read the full judgment

Issues it is cited on

place of effective managementsection 6(3)section 127(1)legal expensessurrender of incomeshell companystatement under section 132(4)retracted statementsection 131(1a)retraction of statementpeak credit theoryddt

Judgments citing CIT v. Sunil Aggarwal

Alco Suppliers Private Limited, Guwahati vs. ITO, Ward 1(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 933/KOL/2025[2022-2023]Status: DisposedITAT Kolkata04 Nov 2025AY 2022-2023

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Alco Suppliers Private Limited M/S Alco Suppliers (P) Ltd. National Faceless Assessment C/O Subhas Agarwal & Center, Associates (Advocate) Siddha Assessment Unit, Income Tax Vs. Gibson, 1, Gibson Lane, Suit Department, New Delhi No.213, 2Nd Floor, Kolkata- 700069, West Bengal (Appellant) (Respondent) Pan No. Aacca5182E Assessee By : Shri Siddarth Agarwal, Ar Revenue By : Shri Raja Sengupta, Dr Date Of Hearing: 04.09.2025 Date Of Pronouncement: 04.11.2025

For Appellant: Shri Siddarth Agarwal, ARFor Respondent: Shri Raja Sengupta, DR
Section 143(2)Section 143(3)Section 144BSection 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, AM AND SHRIPRADIP KUMAR CHOUBEY, JM Alco Suppliers Private Limited M/s Alco Suppliers (P) Ltd. National Faceless Assessment C/o Subhas Agarwal & Center, Associates (Advocate) Siddha Assessment Unit, Income Tax Vs. Gibson, 1, Gibson Lane, Suit Department, New Delhi No.213, 2nd Floor, Kolkata- 700069, West Bengal (Appellant) (Respondent) PAN No. AACCA5182E Assessee by : Shri Siddarth Agarwal, AR Revenue by : Shri Raja Sengupta, DR Date of hearing: 04.09.2025 Date of pronouncement: 04.11.2025 O R D E R Per Rajesh Kumar, AM: This is…

DCIT Central Circle 7 4 Mumbai, Mumbai vs. Indo Count Industries Ltd, Delhi

Appeal stands dismissed

ITA 3854/MUM/2024[2017-18]Status: DisposedITAT Mumbai30 Oct 2025AY 2017-18

Bench: Shri Sandeep Gosain & Shri Omkareshwar Chidara

Section 1Section 132Section 143(2)Section 143(3)Section 153ASection 250

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER ITA No. AY Assessee/ Respondent Appellant 3822/Mum/2024 2014-15 DCIT, CC-7(4) Indo Count Industries Room No. 655, 6th Ltd., 3850/Mum/2024 2015-16 Floor, Aayakar 15/76, 2nd Floor, 3820/Mum/2024 2016-17 Bhavan, MK Road, Rajender Nagar, 3854/Mum/2024 2017-18 Mumbai – 400020. Central Delhi 3853/Mum/2024 2018-19 Delhi - 110060 3824/Mum/2024 2013-14 3826/Mum/2024 2012-13 CO. No. AY Assessee/ Respondent Appellant 184/Mum/2024 2013-14 Indo Count DCIT, CC-7(4) Industries Lt…

DCIT CC 7 4, Mumbai vs. Indo Count Industries Ltd, Delhi

Appeal stands dismissed

ITA 3853/MUM/2024[2018-19]Status: DisposedITAT Mumbai30 Oct 2025AY 2018-19

Bench: Shri Sandeep Gosain & Shri Omkareshwar Chidara

Section 1Section 132Section 143(2)Section 143(3)Section 153ASection 250

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER ITA No. AY Assessee/ Respondent Appellant 3822/Mum/2024 2014-15 DCIT, CC-7(4) Indo Count Industries Room No. 655, 6th Ltd., 3850/Mum/2024 2015-16 Floor, Aayakar 15/76, 2nd Floor, 3820/Mum/2024 2016-17 Bhavan, MK Road, Rajender Nagar, 3854/Mum/2024 2017-18 Mumbai – 400020. Central Delhi 3853/Mum/2024 2018-19 Delhi - 110060 3824/Mum/2024 2013-14 3826/Mum/2024 2012-13 CO. No. AY Assessee/ Respondent Appellant 184/Mum/2024 2013-14 Indo Count DCIT, CC-7(4) Industries Lt…

DCIT Central Circle 7 4 Mumbai, Mumbai vs. Indo Count Industries Ltd, Delhi

Appeal stands dismissed

ITA 3850/MUM/2024[2015-16]Status: DisposedITAT Mumbai30 Oct 2025AY 2015-16

Bench: Shri Sandeep Gosain & Shri Omkareshwar Chidara

Section 1Section 132Section 143(2)Section 143(3)Section 153ASection 250

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER ITA No. AY Assessee/ Respondent Appellant 3822/Mum/2024 2014-15 DCIT, CC-7(4) Indo Count Industries Room No. 655, 6th Ltd., 3850/Mum/2024 2015-16 Floor, Aayakar 15/76, 2nd Floor, 3820/Mum/2024 2016-17 Bhavan, MK Road, Rajender Nagar, 3854/Mum/2024 2017-18 Mumbai – 400020. Central Delhi 3853/Mum/2024 2018-19 Delhi - 110060 3824/Mum/2024 2013-14 3826/Mum/2024 2012-13 CO. No. AY Assessee/ Respondent Appellant 184/Mum/2024 2013-14 Indo Count DCIT, CC-7(4) Industries Lt…

DCIT, Central Circle - 7(4), Mumbai vs. Indo Count Industries Ltd, Delhi

Appeal stands dismissed

ITA 3826/MUM/2024[2012-13]Status: DisposedITAT Mumbai30 Oct 2025AY 2012-13

Bench: Shri Sandeep Gosain & Shri Omkareshwar Chidara

Section 1Section 132Section 143(2)Section 143(3)Section 153ASection 250

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER ITA No. AY Assessee/ Respondent Appellant 3822/Mum/2024 2014-15 DCIT, CC-7(4) Indo Count Industries Room No. 655, 6th Ltd., 3850/Mum/2024 2015-16 Floor, Aayakar 15/76, 2nd Floor, 3820/Mum/2024 2016-17 Bhavan, MK Road, Rajender Nagar, 3854/Mum/2024 2017-18 Mumbai – 400020. Central Delhi 3853/Mum/2024 2018-19 Delhi - 110060 3824/Mum/2024 2013-14 3826/Mum/2024 2012-13 CO. No. AY Assessee/ Respondent Appellant 184/Mum/2024 2013-14 Indo Count DCIT, CC-7(4) Industries Lt…

DCIT Central Circle 7 4, Mumbai vs. Indo Count Industries Ltd, Delhi

Appeal stands dismissed

ITA 3824/MUM/2024[2013-14]Status: DisposedITAT Mumbai30 Oct 2025AY 2013-14

Bench: Shri Sandeep Gosain & Shri Omkareshwar Chidara

Section 1Section 132Section 143(2)Section 143(3)Section 153ASection 250

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER ITA No. AY Assessee/ Respondent Appellant 3822/Mum/2024 2014-15 DCIT, CC-7(4) Indo Count Industries Room No. 655, 6th Ltd., 3850/Mum/2024 2015-16 Floor, Aayakar 15/76, 2nd Floor, 3820/Mum/2024 2016-17 Bhavan, MK Road, Rajender Nagar, 3854/Mum/2024 2017-18 Mumbai – 400020. Central Delhi 3853/Mum/2024 2018-19 Delhi - 110060 3824/Mum/2024 2013-14 3826/Mum/2024 2012-13 CO. No. AY Assessee/ Respondent Appellant 184/Mum/2024 2013-14 Indo Count DCIT, CC-7(4) Industries Lt…

Jayantika Singh, DCIT Central Circle 7 4 Mumbai, Mumbai vs. Indo Count Industries Ltd, Delhi

Appeal stands dismissed

ITA 3822/MUM/2024[2014-15]Status: DisposedITAT Mumbai30 Oct 2025AY 2014-15

Bench: Shri Sandeep Gosain & Shri Omkareshwar Chidara

Section 1Section 132Section 143(2)Section 143(3)Section 153ASection 250

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER ITA No. AY Assessee/ Respondent Appellant 3822/Mum/2024 2014-15 DCIT, CC-7(4) Indo Count Industries Room No. 655, 6th Ltd., 3850/Mum/2024 2015-16 Floor, Aayakar 15/76, 2nd Floor, 3820/Mum/2024 2016-17 Bhavan, MK Road, Rajender Nagar, 3854/Mum/2024 2017-18 Mumbai – 400020. Central Delhi 3853/Mum/2024 2018-19 Delhi - 110060 3824/Mum/2024 2013-14 3826/Mum/2024 2012-13 CO. No. AY Assessee/ Respondent Appellant 184/Mum/2024 2013-14 Indo Count DCIT, CC-7(4) Industries Lt…

Jayantika Singh DCIT Central Circle 7 4 Mumbai, Mumbai vs. Indo Count Industries Ltd, Delhi

Appeal stands dismissed

ITA 3820/MUM/2024[2016-17]Status: DisposedITAT Mumbai30 Oct 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Omkareshwar Chidara

Section 1Section 132Section 143(2)Section 143(3)Section 153ASection 250

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER ITA No. AY Assessee/ Respondent Appellant 3822/Mum/2024 2014-15 DCIT, CC-7(4) Indo Count Industries Room No. 655, 6th Ltd., 3850/Mum/2024 2015-16 Floor, Aayakar 15/76, 2nd Floor, 3820/Mum/2024 2016-17 Bhavan, MK Road, Rajender Nagar, 3854/Mum/2024 2017-18 Mumbai – 400020. Central Delhi 3853/Mum/2024 2018-19 Delhi - 110060 3824/Mum/2024 2013-14 3826/Mum/2024 2012-13 CO. No. AY Assessee/ Respondent Appellant 184/Mum/2024 2013-14 Indo Count DCIT, CC-7(4) Industries Lt…

Deputy Commissioner of Income Tax, Central Circle-4(3), Kolkata vs. Vivek Gupta, Kolkata

The appeal of the revenue is dismissed

ITA 1557/KOL/2025[2013-14]Status: DisposedITAT Kolkata28 Oct 2025AY 2013-14

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI SONJOY SARMA (Judicial Member)

Section 131Section 133ASection 143(3)Section 195Section 250Section 40Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI SONJOY SARMA, JUDICIAL MEMBER I.T.A. No.1557/Kol/2025 (Assessment Year 2013-2014) I.T.A. No.1558/Kol/2025 (Assessment Year 2014-2015) Deputy Commissioner of Income Tax, Central Circle-4(3), Kolkata, 110, Shantipally, Kolkata - 700107……..…...……………....Appellant vs. Vivek Gupta, 22, New Road, Alipore, Kolkata - 700027 [PAN: ADTPG3727C] ................................ Respondent Appearances by: Assessee represented by : Manish Tiwari, FCA Department represented by : S.B. Chakraborthy, Sr. DR Date of concluding the h…

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

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

ITA 1456/KOL/2025[2017-18]Status: DisposedITAT Kolkata28 Oct 2025AY 2017-18

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI PRADIP KUMAR CHOUBEY (Judicial Member)

Section 131Section 133ASection 250Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH,KOLKATA SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER I.T.A. No.1456/Kol/2025 (Assessment Year 2017-2018) Deputy Commissioner of Income Tax, Central Circle-4(3), Kolkata, 110, Shantipally, Kolkata - 700107……..…...……………....Appellant vs. Privi Exports Private Limited, Office No. 2, GF, 91A/1, Park Street, Kolkata - 700016 [PAN: AAICP6253B]................................ Respondent Appearances by: Assessee represented by : Manish Tiwari, FCA Department represented by : Sanat Kumar Raha, CIT-DR Date of concluding the hearing : 08.09.2…

Super Cassettes Industries Private Limited, Delhi vs. DCIT Central Circle 3, Delhi

ITA 7/DEL/2024[2017-18]Status: DisposedITAT Delhi25 Sept 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

…. 2. CITVs.HarjeevAggarwal70taxmann.com95(Del} A statement recorded under section 132(4) can form basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search 3. CIT Vs. Sunil Aggarwal 64 Taxmann.com 107 (Del) Where assessee during search conducted under section 132 made admission that a sum of Rs.86 lakhs seized from his employee belonged to him and it represented undisclosed income and subsequently he retracted above admission and offered an explanation that said amount was verifiable from record and books of account and Assessing Office…

Super Cassettes Industries Private Limited, Delhi vs. DCIT Central Circle-3, Delhi

ITA 51/DEL/2024[2018-19]Status: DisposedITAT Delhi25 Sept 2025AY 2018-19

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2018-19 A.Y. 2019-20

…2. CITVs.HarjeevAggarwal70taxmann.com95(Del} A statement recorded under section 132(4) can form basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search 3. CIT Vs. Sunil Aggarwal 64 Taxmann.com 107 (Del} Where assessee during search conducted under section 132 made admission that a sum of Rs. 86 lakhs seized from his employee belonged to him and it represented undisclosed income and subsequently he retracted above admission and offered an explanation that said amount was verifiable from record and books of account and Assessing Off…

Dy. Commissioner of Income Tax, Central Circle - 3, New Delhi, Delhi vs. Super Cassettes Industries Pvt. Ltd., Delhi

ITA 326/DEL/2024[2019-20]Status: DisposedITAT Delhi25 Sept 2025AY 2019-20

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2018-19 A.Y. 2019-20

…2. CITVs.HarjeevAggarwal70taxmann.com95(Del} A statement recorded under section 132(4) can form basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search 3. CIT Vs. Sunil Aggarwal 64 Taxmann.com 107 (Del} Where assessee during search conducted under section 132 made admission that a sum of Rs. 86 lakhs seized from his employee belonged to him and it represented undisclosed income and subsequently he retracted above admission and offered an explanation that said amount was verifiable from record and books of account and Assessing Off…

Dy. Commissioner of Income Tax, Central Circle - 3, New Delhi, Delhi vs. Bhushan Dua, Delhi

ITA 281/DEL/2024[2019-20]Status: DisposedITAT Delhi25 Sept 2025AY 2019-20

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2018-19 A.Y. 2019-20

…2. CITVs.HarjeevAggarwal70taxmann.com95(Del} A statement recorded under section 132(4) can form basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search 3. CIT Vs. Sunil Aggarwal 64 Taxmann.com 107 (Del} Where assessee during search conducted under section 132 made admission that a sum of Rs. 86 lakhs seized from his employee belonged to him and it represented undisclosed income and subsequently he retracted above admission and offered an explanation that said amount was verifiable from record and books of account and Assessing Off…

Dy. Commissioner of Income Tax, Central Circle-3, New Delhi, Delhi vs. Bhushan Dua, Delhi

ITA 279/DEL/2024[2017-18]Status: DisposedITAT Delhi25 Sept 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

…. 2. CITVs.HarjeevAggarwal70taxmann.com95(Del} A statement recorded under section 132(4) can form basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search 3. CIT Vs. Sunil Aggarwal 64 Taxmann.com 107 (Del} Where assessee during search conducted under section 132 made admission that a sum of Rs.86 lakhs seized from his employee belonged to him and it represented undisclosed income and subsequently he retracted above admission and offered an explanation that said amount was verifiable from record and books of account and Assessing Office…

Dy. Commissioner of Income Tax, Central Circle - 3, New Delhi, Delhi vs. Super Cassettes Industries Pvt. Ltd., Delhi

ITA 273/DEL/2024[2018-19]Status: DisposedITAT Delhi25 Sept 2025AY 2018-19

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

…. 2. CITVs.HarjeevAggarwal70taxmann.com95(Del} A statement recorded under section 132(4) can form basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search 3. CIT Vs. Sunil Aggarwal 64 Taxmann.com 107 (Del) Where assessee during search conducted under section 132 made admission that a sum of Rs.86 lakhs seized from his employee belonged to him and it represented undisclosed income and subsequently he retracted above admission and offered an explanation that said amount was verifiable from record and books of account and Assessing Office…

Dy. Commissioner of Income Tax, Central Circle - 3, Delhi vs. Super Cassettes Industries Pvt. Ltd., Delhi

ITA 272/DEL/2024[2017-18]Status: DisposedITAT Delhi25 Sept 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2018-19 A.Y. 2019-20

…2. CITVs.HarjeevAggarwal70taxmann.com95(Del} A statement recorded under section 132(4) can form basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search 3. CIT Vs. Sunil Aggarwal 64 Taxmann.com 107 (Del} Where assessee during search conducted under section 132 made admission that a sum of Rs. 86 lakhs seized from his employee belonged to him and it represented undisclosed income and subsequently he retracted above admission and offered an explanation that said amount was verifiable from record and books of account and Assessing Off…

Super Cassettes Industries Private Limited, Delhi vs. DCIT Central Circle 03, Delhi

ITA 271/DEL/2024[2019-20]Status: DisposedITAT Delhi25 Sept 2025AY 2019-20

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2018-19 A.Y. 2019-20

…2. CITVs.HarjeevAggarwal70taxmann.com95(Del} A statement recorded under section 132(4) can form basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search 3. CIT Vs. Sunil Aggarwal 64 Taxmann.com 107 (Del} Where assessee during search conducted under section 132 made admission that a sum of Rs. 86 lakhs seized from his employee belonged to him and it represented undisclosed income and subsequently he retracted above admission and offered an explanation that said amount was verifiable from record and books of account and Assessing Off…

Deputy Commissioner of Income Tax, Central Circle-03, New Delhi, Delhi vs. Luv Ranjan, Ghaziabad

ITA 1845/DEL/2024[2019-20]Status: DisposedITAT Delhi25 Sept 2025AY 2019-20

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

…2. CITVs.HarjeevAggarwal70taxmann.com95(Del} A statement recorded under section 132(4) can form basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search 3. CIT Vs. Sunil Aggarwal 64 Taxmann.com 107 (Del} Where assessee during search conducted under section 132 made admission that a sum of Rs.86 lakhs seized from his employee belonged to him and it represented undisclosed income and subsequently he retracted above admission and offered an explanation that said amount was verifiable from record and books of account and Assessing Office…

Deputy Commissioner of Income Tax, Central Circle 3, New Delhi, Delhi vs. Bhushan Dua, Delhi

ITA 2951/DEL/2023[2016-17]Status: DisposedITAT Delhi25 Sept 2025AY 2016-17

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2018-19 A.Y. 2019-20

…2. CITVs.HarjeevAggarwal70taxmann.com95(Del} A statement recorded under section 132(4) can form basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search 3. CIT Vs. Sunil Aggarwal 64 Taxmann.com 107 (Del} Where assessee during search conducted under section 132 made admission that a sum of Rs. 86 lakhs seized from his employee belonged to him and it represented undisclosed income and subsequently he retracted above admission and offered an explanation that said amount was verifiable from record and books of account and Assessing Off…