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“retraction of statement”

Search & SeizureSection 132(4)Section 132(4)316 judgments

The decision most relied on for retraction of statement is Andaman Timber Industries v. CCE (281 CTR 241), cited in 1,335 judgments on BharatTax.

Leading authorities on retraction of statement

Andaman Timber Industries v. CCE
281 CTR 241 · 2015 · Supreme Court
1,335
citing judgments

An assessee must be given an opportunity to cross-examine third parties whose statements are relied upon for adverse findings. Failure to provide this opportunity is a serious flaw rendering the order a nullity.

Pr. CIT v. Meeta Gutgutia
395 ITR 526 · 2017 · High Court
1,226
citing judgments

In search assessments under Section 153A, additions to income are permissible only if incriminating material is found during the search; in the absence of such material, completed assessments cannot be disturbed. A statement recorded under Section 132(4) and later retracted may not, on its own, constitute sufficient incriminating evidence for making additions.

Kishanchand Chellaram v. CIT
125 ITR 713 · 1980 · Supreme Court
962
citing judgments

An assessee is entitled to be confronted with evidence used against them and to an opportunity for cross-examination, especially when that evidence is from a third party or a retracted statement. Failure to provide such an opportunity violates the principles of natural justice.

PCIT v. Best Infrastructure (India) (P.) Ltd.
397 ITR 82 · 2017 · High Court
786
citing judgments

A statement recorded under Section 132(4) of the Income Tax Act, 1961, does not by itself constitute incriminating material for making additions to income.

Pullangode Rubber Produce Co. Ltd. v. State of Kerala
91 ITR 18 · 1973 · Supreme Court
666
citing judgments

Admissions, whether made through entries in account books or statements, are important pieces of evidence but are not conclusive. An assessee has the right to demonstrate that an admission made by them is incorrect or can be retracted.

CIT v. S. Khader Khan Son
352 ITR 480 · 2013 · Supreme Court
581
citing judgments

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.

CIT v. S. Khader Khan Son
300 ITR 157 · 2008 · High Court
452
citing judgments

A statement recorded under duress during a survey, if subsequently retracted, has no evidentiary value and cannot be the sole basis for an income-tax assessment; the assessment should instead rely on audited accounts.

Common Cause v. Union of India
77 Taxmann.com 245 · 2017 · Supreme Court
267
citing judgments

Additions under the Income Tax Act cannot be made solely based on entries in loose sheets, dumb documents, or mere sworn statements without independent, reliable, and cogent corroborating evidence. Uncorroborated loose papers are not admissible evidence on their own, even if the original context was criminal investigation.

Judgments citing retraction of statement

Raghvender Shankar Finance & Investment Company Private Limted, New Delhi vs. ITO Ward-15(1), New Delhi

The appeals of the assessee are allowed

ITA 8572/DEL/2019[2006-07]Status: DisposedITAT Delhi24 Sept 2025AY 2006-07

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay, Accountnat Member [Assessment Year: 2009-10] M/S Singhal Fasteners Dy. Commissioner Of Income Tax, Company Pvt. Ltd. Circle-24(2), Room No.248, 67-68, Rampuri, Govind Puri, Vs C.R. Building, Kalkaji, New Delhi-110019 New Delhi-110002 Pan-Aaacs1428H Appellant Respondent [Assessment Year: 2009-10] M/S Shankar Radhey Finance Income Tax Officer & Investment Company Ward-23(1), Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110088 Pan-Aabcs0968H Appellant Respondent [Assessment Year: 2006-07] M/S Raghvender Shankar Income Tax Officer, Finance & Investment Ward-15(1), Company Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110052 Pan-Aabcs0968H Appellant Respondent Assessee By Shri Abhishek Mathur, Ca Revenue By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 27.08.2025 Date Of Pronouncement 24.09.2025

Section 143(1)Section 147Section 148

fundamental reasons that there was non-application of mind in view of the fact that Shri Aseem Kumar Guptra had retracted the statement well before issuance of reopening notices in the case of these assessee. It being question of law that can be decided on admitted facts, the same ... filed in case of other two assessees also and primarily the decisions have been relied upon of various Hon’ble High Courts that retraction of statement is non-consequential if it is not justified or delayed. Further, the Assessing Officer has submitted that no material has been submitted to show

Shankar Radhey Finance & Investment Co. Pvt. Ltd., New Delhi vs. ITO Ward 23(1), New Delhi

The appeals of the assessee are allowed

ITA 1067/DEL/2019[2009-10]Status: DisposedITAT Delhi24 Sept 2025AY 2009-10

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay, Accountnat Member [Assessment Year: 2009-10] M/S Singhal Fasteners Dy. Commissioner Of Income Tax, Company Pvt. Ltd. Circle-24(2), Room No.248, 67-68, Rampuri, Govind Puri, Vs C.R. Building, Kalkaji, New Delhi-110019 New Delhi-110002 Pan-Aaacs1428H Appellant Respondent [Assessment Year: 2009-10] M/S Shankar Radhey Finance Income Tax Officer & Investment Company Ward-23(1), Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110088 Pan-Aabcs0968H Appellant Respondent [Assessment Year: 2006-07] M/S Raghvender Shankar Income Tax Officer, Finance & Investment Ward-15(1), Company Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110052 Pan-Aabcs0968H Appellant Respondent Assessee By Shri Abhishek Mathur, Ca Revenue By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 27.08.2025 Date Of Pronouncement 24.09.2025

Section 143(1)Section 147Section 148

fundamental reasons that there was non-application of mind in view of the fact that Shri Aseem Kumar Guptra had retracted the statement well before issuance of reopening notices in the case of these assessee. It being question of law that can be decided on admitted facts, the same ... filed in case of other two assessees also and primarily the decisions have been relied upon of various Hon’ble High Courts that retraction of statement is non-consequential if it is not justified or delayed. Further, the Assessing Officer has submitted that no material has been submitted to show

Singhal Fastners Co. P.Ltd, New Delhi vs. ITO, Ward-24(2), New Delhi

The appeals of the assessee are allowed

ITA 1066/DEL/2019[2009-10]Status: DisposedITAT Delhi24 Sept 2025AY 2009-10

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay, Accountnat Member [Assessment Year: 2009-10] M/S Singhal Fasteners Dy. Commissioner Of Income Tax, Company Pvt. Ltd. Circle-24(2), Room No.248, 67-68, Rampuri, Govind Puri, Vs C.R. Building, Kalkaji, New Delhi-110019 New Delhi-110002 Pan-Aaacs1428H Appellant Respondent [Assessment Year: 2009-10] M/S Shankar Radhey Finance Income Tax Officer & Investment Company Ward-23(1), Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110088 Pan-Aabcs0968H Appellant Respondent [Assessment Year: 2006-07] M/S Raghvender Shankar Income Tax Officer, Finance & Investment Ward-15(1), Company Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110052 Pan-Aabcs0968H Appellant Respondent Assessee By Shri Abhishek Mathur, Ca Revenue By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 27.08.2025 Date Of Pronouncement 24.09.2025

Section 143(1)Section 147Section 148

fundamental reasons that there was non-application of mind in view of the fact that Shri Aseem Kumar Guptra had retracted the statement well before issuance of reopening notices in the case of these assessee. It being question of law that can be decided on admitted facts, the same ... filed in case of other two assessees also and primarily the decisions have been relied upon of various Hon’ble High Courts that retraction of statement is non-consequential if it is not justified or delayed. Further, the Assessing Officer has submitted that no material has been submitted to show

DCIT CC 7(3), Mumbai vs. Smt. Sakhiben Patel, Mumbai

In the result, appeal of the Revenue stands dismissed

ITA 1596/MUM/2019[2013-14]Status: DisposedITAT Mumbai19 Sept 2025AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar & Deputy Commissioner Of V/S. Smt. Sakhiben Patel, Income Tax, Central Circle बनाम 601, 6Th Floor, Petit Towers, –7(3), Room No. 655, 6Th August Kranti Marg, Kemps Floor, Aaykar Bhawan, M.K. Corner, Mumbai – 400 036, Road, Mumbai - 400 020, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aalpp1508R Appellant/अपीलाथी .. Respondent/प्रतिवादी प्रत्याक्षेपसं/C.O. No.71/Mum/2020 (Arising Out Of Ita No. 1595/Mum/2019) (A.Y. 2012-13) Smt. Sakhiben Patel, V/S. Deputy Commissioner Of 601, 6Th Floor, Petit Towers, बनाम Income Tax, Central Circle –7(3), Room No. 655, 6Th August Kranti Marg, Kemps Floor, Aaykar Bhawan, M.K. Corner, Mumbai – 400 036, Road, Mumbai - 400 020, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aalpp1508R Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Rushabh Mehta, ARFor Respondent: Shri Ritesh Misra, (CIT-DR)
Section 131(1)Section 132Section 143(3)Section 153ASection 68

addition u/s 68 of Rs. 4,30,00,000/-with-respect to the unsecured loans received by it, without appreciating that the retraction of statement is only an afterthought and the AO was correct in the treatment of the unsecured loans considering the preponderance of probability." Additional Grounds of Appeal ... 1596/Mum/2019 C.O. No. 71/Mum/2020 A.Y. 2012-13, 2013-14 Smt. Sakhiben Patel had subsequently retracted the statements which were made by them.In his statement u/s. 133A of the Act on 10.10.2014, Shri. Hitesh Thakkar, Managing Director of the lender company had stated that Bhagwanji Patel had acquired

DCIT CC 7(3), Mumbai vs. Smt. Sakhiben Patel, Mumbai

In the result, appeal of the Revenue stands dismissed

ITA 1595/MUM/2019[2012-13]Status: DisposedITAT Mumbai19 Sept 2025AY 2012-13

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar & Deputy Commissioner Of V/S. Smt. Sakhiben Patel, Income Tax, Central Circle बनाम 601, 6Th Floor, Petit Towers, –7(3), Room No. 655, 6Th August Kranti Marg, Kemps Floor, Aaykar Bhawan, M.K. Corner, Mumbai – 400 036, Road, Mumbai - 400 020, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aalpp1508R Appellant/अपीलाथी .. Respondent/प्रतिवादी प्रत्याक्षेपसं/C.O. No.71/Mum/2020 (Arising Out Of Ita No. 1595/Mum/2019) (A.Y. 2012-13) Smt. Sakhiben Patel, V/S. Deputy Commissioner Of 601, 6Th Floor, Petit Towers, बनाम Income Tax, Central Circle –7(3), Room No. 655, 6Th August Kranti Marg, Kemps Floor, Aaykar Bhawan, M.K. Corner, Mumbai – 400 036, Road, Mumbai - 400 020, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aalpp1508R Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Rushabh Mehta, ARFor Respondent: Shri Ritesh Misra, (CIT-DR)
Section 131(1)Section 132Section 143(3)Section 153ASection 68

addition u/s 68 of Rs. 4,30,00,000/-with-respect to the unsecured loans received by it, without appreciating that the retraction of statement is only an afterthought and the AO was correct in the treatment of the unsecured loans considering the preponderance of probability." Additional Grounds of Appeal ... 1596/Mum/2019 C.O. No. 71/Mum/2020 A.Y. 2012-13, 2013-14 Smt. Sakhiben Patel had subsequently retracted the statements which were made by them.In his statement u/s. 133A of the Act on 10.10.2014, Shri. Hitesh Thakkar, Managing Director of the lender company had stated that Bhagwanji Patel had acquired