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“surrender of income”

Search & SeizureSection 132(4)Section 132(4)324 judgments

The decision most relied on for surrender of income is MAK Data (P.) Ltd. v. CIT (38 Taxmann.com 448), cited in 186 judgments on BharatTax.

Leading authorities on surrender of income

MAK Data (P.) Ltd. v. CIT
38 Taxmann.com 448 · 2013 · Supreme Court
186
citing judgments

A voluntary disclosure of income does not automatically exempt an assessee from penalty proceedings under Section 271(1)(c). The Assessing Officer must satisfy himself about initiating penalty proceedings during the assessment, but is not required to record this satisfaction in a specific written manner.

PCIT v. Neeraj Jindal
393 ITR 1 · 2017 · High Court
157
citing judgments

If an assessment under Section 148/147 is accepted without modification or addition, or if an amount is surrendered in a return filed under Section 153A, no penalty under Section 271(1)(c) for concealment or furnishing inaccurate particulars of income can be imposed.

288), Pr.CIT v. Best Infrastructure (I) Pvt Ltd (
241 Taxmann 199 · 2016 · High Court
147
citing judgments

Statements recorded under Section 132(4) cannot alone constitute incriminating material to justify additions in unabated assessments. Corroboration is generally required for such statements to form the sole basis of additions.

CIT v. Naresh Kumar Agarwal
53 Taxmann.com 306 · 2015 · High Court
137
citing judgments

A statement recorded under Section 132(4) during a search operation is akin to a statement under Section 162 of Cr.P.C. and cannot be treated as a proven fact or clinching evidence on its own, serving merely as a basis for further investigation.

Sir Shadilal Sugar and General Mills Ltd. v. CIT
168 ITR 705 · 1987 · Supreme Court
86
citing judgments

An assessee's agreement to an addition or voluntary disclosure of income does not automatically establish concealment for levying penalty under Section 271(1)(c). While such agreement may arise from various reasons like avoiding litigation, the assessee must still discharge the burden of proving that the addition was not due to concealment.

Raj Hans Towers (P.) Ltd. v. CIT (
373 ITR 9 · 2015 · High Court
86
citing judgments

Additions made for amounts surrendered during a search or survey operation are justified if the assessee fails to provide a satisfactory and bona fide explanation for the surrendered amount or to substantiate its retraction.

CIT v. Mahendra C. Shah
299 ITR 305 · 2008 · High Court
80
citing judgments

During a search operation, the authorized officer recording a statement under Section 132(4) must fully explain Explanation 5 to Section 271(1)(c) to the assessee, particularly the requirement to specify the manner of earning undisclosed income, for a valid claim of penalty immunity. Income not declared or advance tax not paid proportionately before the search date is treated as undisclosed, thereby disallowing advance tax benefits.

306 ITR 277 (SC); K.P. Madhusudhanan v. CIT
236 ITR 977 · 1999 · Supreme Court
63
citing judgments

The court decides whether an assessee has concealed income and furnished inaccurate particulars, leading to penalty under section 271(1)(c). The cited passages suggest the case is relied upon when an assessee surrenders income during assessment proceedings due to inability to justify expenses.

Judgments citing surrender of income

Rajiv Kumar Goyal, Dhuri vs. DCIT, CC-2, Ludhiana

In the result, the appeal of the assessee is allowed

ITA 79/CHANDI/2023[2019-20]Status: DisposedITAT Chandigarh22 May 2024AY 2019-20

Bench: This Hon’Ble Tribunal Under Section 253 Of The Income Tax Act, 1961 As Amended From Time To Time. 2. The Assessee Is Aggrieved By Order Of The Ld. Cit(A) Dated 03/02/2023 In Appeal No. 10850/2018-19/It/Cit(A)-5/Ldh/2021-22 For A.Y. 2019-20 Under Section 250(6) Of The Income Tax Act, 1961 Which Was Dismissed. Therefore The Present Second Appeal Under Section 253 Of The Income Tax Act, 1961 Before Us Against The Aforesaid Order Dt. 03/02/2023 Which Is Hereiafter Referred To As The Impugned Order. Factual Matrix 3. The Assessee Had For The Relevant Year I.E; A.Y. 2019-20 Was Also Engaged In The Same Business I.E; Manufacturing Of Pvc Pipes & Had Filed

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishaba Marwaha, C.AFor Respondent: Shri Dharamvir, JCIT, Sr. D.R
Section 133ASection 139(1)Section 250(6)Section 253

income from business and stated that this income shall be in addition to my book result. Be it noted that this surrender of income was voluntary with a promise to pay advance tax before closing on 31/03/2019. It was stated that same be accepted and oblige them. The Income ... were not recorded in the regular books of the assessee and were subsequently surrendered stating that these entries were unaccounted sundry receivables being surrendered as income under the head business, to buy piece of mind and subjected to no penalty and further that the losses incurred by the assessee