Kishore Kumar v. Deputy Commissioner of Income

52 Taxmann.com 449High Court2014#329 most cited

What is Kishore Kumar v. Deputy Commissioner of Income authority for?

An unretracted admission of undisclosed income made by an assessee in a sworn statement under Section 132(4) during a search and seizure operation forms a valid basis for making additions and levying tax, especially when no books of accounts are maintained.

255

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2025.

Also referred to as

B. Kishore Kumar · Section 132(4) statement · undisclosed income admission · search and seizure assessment · unretracted statement · Section 69C addition · no books of accounts · tax levy on admission · Section 153A

Issues it is cited on

Judgments citing Kishore Kumar v. Deputy Commissioner of Income

M/S the Madras Pharmaceuticals, Chennai vs. The Assistant Commissioner of Incometax, Central Circle 1(1), Chennai

In the result, appeal filed by the assessee is allowed

ITA 23/CHNY/2021[2009-10]Status: DisposedITAT Chennai08 Sept 2023AY 2009-10

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 23/Chny/2021 िनधा"रण वष" / Assessment Year: 2009-10 M/S. The Madras The Assistant Commissioner Of Pharmaceuticals, V. Income Tax, No. 15, Sri Gopalakrishna Road, Central Circle -1(1), T. Nagar, Chennai – 600 017. Chennai – 600 034. [Pan: Aaaft-2536-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. J. Prabhakar, Ca ""यथ" क" ओर से/Respondent By : Shri. R. Mohan Reddy, Cit सुनवाई क" तारीख/Date Of Hearing : 05.07.2023 घोषणा क" तारीख/Date Of Pronouncement : 08.09.2023

For Appellant: Shri. J. Prabhakar, CAFor Respondent: Shri. R. Mohan Reddy, CIT
Section 132Section 132(4)Section 142(1)Section 143(3)Section 69C

…of said payment has been explained out of known source of income, then the question of making addition towards said payments u/s. 69C of the Act, does not arise. In so far as the case laws relied upon by the ld. CIT(A) in the case of B. Kishore Kumar vs CIT, 52 Taxmann.com 449, we find that the facts of the :-11-: ITA. No: 23/Chny/21 case before the Hon’ble Madras High Court are entirely different and in the said case no books of accounts were maintained by the appellant and further, the assessee had admitted undisclosed income in the statement recorded u/s. 132(4) of the Act. In the present case, the appellant…