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“survey under section 133A”

Search & SeizureSection 133ASection 133A734 judgments

The decision most relied on for survey under section 133A is CIT v. S. Khader Khan Son (352 ITR 480), cited in 581 judgments on BharatTax.

Leading authorities on survey under section 133A

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.

Paul Mathews & Sons. v. CIT
263 ITR 101 · 2003 · High Court
266
citing judgments

A statement recorded under Section 133A of the Income-tax Act has no evidentiary value because Section 133A does not empower an Income-tax Officer to examine any person on oath.

CIT v. SAS Pharmaceuticals
335 ITR 259 · 2011 · High Court
149
citing judgments

No penalty under section 271(1)(c) can be imposed if the amount of tax sought to be evaded is nil under Explanation 4(c), such as when the assessment results in a refund even after an addition to income. The conditions stipulated in the explanations to section 271(1)(c) must be unambiguously met for penalty imposition.

CIT v. Dhingra Metal Works
328 ITR 384 · 2010 · High Court
113
citing judgments

Statements recorded and materials collected during a survey under Section 133A are not made on oath, unlike those under Section 132(4), and thus are not conclusive evidence; an income addition cannot be made solely based on such statements.

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.

Bachittar Singh v. CIT
328 ITR 400 · 2010 · High Court
66
citing judgments

A statement recorded under section 133A, though not possessing the same evidentiary value as a sworn statement under section 132(4), cannot be considered irrelevant material and can be relied upon, especially when the assessee fails to produce regular books of account.

Bansal v. ACIT
63 Taxmann.com 199 · 2015 · ITAT
59
citing judgments

A statement made or income surrendered during search or survey proceedings, especially if later retracted, requires corroborating evidence to form the basis of an assessment, aligning with CBDT instructions to focus on evidence collection rather than confessions.

Judgments citing survey under section 133A

The Assistant Commissioner of Income Tax, Circle-1(1), Visakhapatnam vs. Alfa Electronic Services(India) Private Limited, Visakhaptnam

In the result, appeal filed by the revenue is allowed

ITA 51/VIZ/2021[2014-15]Status: DisposedITAT Visakhapatnam30 Oct 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos. 50, 51 & 53/Viz/2021 (निर्धारण वर्ा/ Assessment Years: 2013-14, 2014-15 & 2015-16) Acit – Circle – 1(1) V. M/S. Alfa Electronic Services (India) Prathyakshakar Bhavan, Sector – 8 Private Limited Mvp Double Road, 49-22-5, Sri Sai Mansions Visakhapatnam – 530017 Lalitha Nagar, Visakhapatnam – 530016 Andhra Pradesh Andhra Pradesh [Pan: Aahca3583E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 131Section 133ASection 142(1)Section 143(2)Section 143(3)Section 43BSection 68

change in the incumbent. In response, assessee’s Authorized Representative appeared and filed submissions as called for from time to time. A survey under section 133A of the Act was carried out at the business premises of the assessee on 15.12.2015 and during the course of survey the Managing Director ... submissions as called for from Page No. 9 I.T.A.Nos.50, 51 & 53/VIZ/2021 M/s. Alfa Electronic Services (India) Private Limited time to time. A survey under section 133A of the Act was carried out at the business premises of the assessee on 15.12.2015 and during the course of survey the Managing

The Assistant Commissioner of Income Tax, Circle-1(1), Visakhapatnam vs. Alfa Electronic Services(India) Private Limited, Visakhaptnam

In the result, appeal filed by the revenue is allowed

ITA 50/VIZ/2021[213-14]Status: DisposedITAT Visakhapatnam30 Oct 2024

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos. 50, 51 & 53/Viz/2021 (निर्धारण वर्ा/ Assessment Years: 2013-14, 2014-15 & 2015-16) Acit – Circle – 1(1) V. M/S. Alfa Electronic Services (India) Prathyakshakar Bhavan, Sector – 8 Private Limited Mvp Double Road, 49-22-5, Sri Sai Mansions Visakhapatnam – 530017 Lalitha Nagar, Visakhapatnam – 530016 Andhra Pradesh Andhra Pradesh [Pan: Aahca3583E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 131Section 133ASection 142(1)Section 143(2)Section 143(3)Section 43BSection 68

change in the incumbent. In response, assessee’s Authorized Representative appeared and filed submissions as called for from time to time. A survey under section 133A of the Act was carried out at the business premises of the assessee on 15.12.2015 and during the course of survey the Managing Director ... submissions as called for from Page No. 9 I.T.A.Nos.50, 51 & 53/VIZ/2021 M/s. Alfa Electronic Services (India) Private Limited time to time. A survey under section 133A of the Act was carried out at the business premises of the assessee on 15.12.2015 and during the course of survey the Managing

M/S. Arun Kumar & Brothers, Pilibhit vs. DCIT, Circle-2, Bareilly

In the result, the appeal of the assessee is allowed

ITA 214/LKW/2020[2015-16]Status: DisposedITAT Lucknow25 Oct 2024AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y.- 2015-16 M/S Arun Kumar & Brothers, Dcit, Bazar Katra Town, Bisalpur, Vs. Circle-2, Bareilly Pilibhit, U.P. Pan:Aalfa2839C (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. Sunil Kumar Rajwanshi, Addl. Cit Dr Date Of Hearing: 20.08.2024 Date Of Pronouncement: 25.10.2024 O R D E R Per Sh. Nikhil Choudhary: This Is An Appeal Against The Order Of The Ld. Cit(A), Bareilly Under Section 250 Of The Income Tax Act, Partly Sustaining An Addition Made By The Ld. Assessing Officer, Vide His Earlier Order Dated 23.12.2017 Under Section 143(3) Of The Income Tax Act. The Grounds Of Appeal Are As Under:-

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. Sunil Kumar Rajwanshi, Addl. CIT DR
Section 133ASection 143(3)Section 250

that the assessee filed a return of income for the assessment year 2015-16 declaring a total income of Rs.75,29,710/-. A survey under section 133A of the Income Tax Act was conducted on the business premises of the assessee on 5.02.2015. During the course of survey, a statement ... take any sworn statement while proceeding to record the statement under section 133A.Therefore, any material collected and any statement recorded during a survey under section 133A cannot be said to be conclusive evidence in itself and no addition can be made on the basis of such statement. In the instant

Aadhya Reality, Vadodara vs. The Pr. CIT-1, Vadodara

ITA 133/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad17 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.132/Ahd/2022 िनधा"रण वष" /Assessment Year : 2017-18 Aadhya Infrastructure The Pr.Cit बनाम/ C/202, Manorath Complex Vadodara -1 V/S. Nr.Jalaram Nagar B/H. Mothers School Gotri Road Vadodara – 390 021 (Gujarat) Pan: Aayfa 4505 C & आयकर अपील सं /Ita No.133/Ahd/2022 िनधा"रण वष" /Assessment Year : 2017-18 Aadhya Reality The Pr.Cit बनाम/ 10, Gopal Nagar Vadodara-1 V/S. Gotri Vasna Road Vasna Vadodara – 390 007 (Gujarat) Pan: Aazfa 3693 G पीलाथ&/ (Appellants) '( यथ&/ (Respondent) Assessee(S) By : Ms. Urvashi Sodhan, Ar Revenue By : Shri Prithviraj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 09/10/2024 घोषणा की तारीख /Date Of Pronouncement: 17/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Respondent: Shri Prithviraj Meena, CIT-DR
Section 115BSection 133ASection 143(3)Section 263Section 270ASection 69A

Aadhya Infrastructure, determined that the AO failed to conduct proper verification regarding the nature and source of the undisclosed income admitted during the survey under Section 133A of the Act. Specifically, the PCIT, observed that the AO accepted the undisclosed income as part of regular business receipts without investigating whether ... Assessment Year (AY) 2017-18. The central question is whether the AO erred in treating the undisclosed income admitted during the survey under Section 133A of the Act as business income, without conducting further inquiries into the source of the receipts or considering the provisions of Sections 69A, 115BBE

Aadhya Infrastructure, Vadodara vs. The Pr. CIT-1, Vadodara

ITA 132/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad17 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.132/Ahd/2022 िनधा"रण वष" /Assessment Year : 2017-18 Aadhya Infrastructure The Pr.Cit बनाम/ C/202, Manorath Complex Vadodara -1 V/S. Nr.Jalaram Nagar B/H. Mothers School Gotri Road Vadodara – 390 021 (Gujarat) Pan: Aayfa 4505 C & आयकर अपील सं /Ita No.133/Ahd/2022 िनधा"रण वष" /Assessment Year : 2017-18 Aadhya Reality The Pr.Cit बनाम/ 10, Gopal Nagar Vadodara-1 V/S. Gotri Vasna Road Vasna Vadodara – 390 007 (Gujarat) Pan: Aazfa 3693 G पीलाथ&/ (Appellants) '( यथ&/ (Respondent) Assessee(S) By : Ms. Urvashi Sodhan, Ar Revenue By : Shri Prithviraj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 09/10/2024 घोषणा की तारीख /Date Of Pronouncement: 17/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Respondent: Shri Prithviraj Meena, CIT-DR
Section 115BSection 133ASection 143(3)Section 263Section 270ASection 69A

Aadhya Infrastructure, determined that the AO failed to conduct proper verification regarding the nature and source of the undisclosed income admitted during the survey under Section 133A of the Act. Specifically, the PCIT, observed that the AO accepted the undisclosed income as part of regular business receipts without investigating whether ... Assessment Year (AY) 2017-18. The central question is whether the AO erred in treating the undisclosed income admitted during the survey under Section 133A of the Act as business income, without conducting further inquiries into the source of the receipts or considering the provisions of Sections 69A, 115BBE