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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

Deputy Commissioner of Income Tax (Central), Jabalpur vs. M/S. Jabalpur Hospital & Research Center, Jabalpur

In the result, the appeal filed by the revenue is dismissed and the Cross objections filed by the assessee are partly allowed

ITA 19/JAB/2019[2016-17]Status: DisposedITAT Jabalpur20 Nov 2023AY 2016-17

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadaledcit, Vs. Jabalpur Hospital & Central Circle, Researchcentre,Pvtltd Ramnath Russel Crossing, Building,Napier Town, Napier Town, Jabalpur-482001, Jabalpur-482001 Madhya Pradesh. Madhya Pradesh Pan/Gir No. : Aabcj1959K Appellant .. Respondent Co.No.04/Jab/2019 (A.Y. 2016-17) (In Ita No.19/Jab/2019) Jabalpur Hospital & Vs. Dcit, Research Centre Pvt Ltd, Central Circle, Russel Crossing, Ramnath Napier Town, Building,Napier Town, Jabalpur-482001. Jabalpur-482001. Madhya Pradesh. Madhya Pradesh. Pan/Gir No. : Aabcj1959K Appellant .. Respondent

For Appellant: Shri Dhiraj Ghai.CA.ARFor Respondent: Shri Saad Kidwai. CIT-DR
Section 142(1)

erred in directing the AO to delete the additions in respect of Rs.1.75 crores made by the AO as the surrender of income and the Ld. DR also emphasized that the CIT(A) has erred in allowing the relief to the extent of 65,13,121/-as against of Rs.81 ... revenue appeal. 7. Per Contra, the Ld.AR submitted that the AO has not considered the various details with respect to the disallowances and surrender of income and the additions are made without any evidences and no adequate opportunity of hearing was provided. The Ld. AR emphasized on the each ground