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“Section 132(4)”

Section References (mined)Section 132Section 132(4)5,206 judgments

The decision most relied on for Section 132(4) is Pr. CIT v. Abhisar Buildwell (P.) Ltd. (149 Taxmann.com 399), cited in 2,379 judgments on BharatTax.

Leading authorities on Section 132(4)

Pr. CIT v. Abhisar Buildwell (P.) Ltd.
149 Taxmann.com 399 · 2023 · Supreme Court
2,379
citing judgments

An assessment under section 153A is without jurisdiction if there is an absence of incriminating material for an unabated assessment year.

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.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 248 · 2016 · Supreme Court
953
citing judgments

A notice issued under Section 274 read with Section 271(1)(c) is invalid if it fails to specify whether penalty proceedings are for concealment of particulars of income or furnishing inaccurate particulars of income. Such lack of specificity vitiates the penalty proceedings.

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.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

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.

Commissioner of Income Tax v. Harjeev Aggarwal
290 CTR 263 · 2016 · High Court
583
citing judgments

Assessment based solely on a statement recorded under Section 132(4) of the Income Tax Act requires the statement to be relatable to incriminating material or evidence found during the search, especially when considering Section 158BB(1) which restricts computation of undisclosed income to evidence found during search.

Judgments citing Section 132(4)

Exel Rubber Private Limited, Hyderabad vs. DCIT., Central Circle-1(2), Hyderabad

ITA 1566/HYD/2025[2020-21]Status: DisposedITAT Hyderabad18 Feb 2026AY 2020-21

Bench: Shri Vijay Pal Rao, Vice- & Shri Manjunatha G.आ. अपी.सं / Ita Nos.1566 & 1571/Hyd/2025 (निर्धारण वर्ष/Assessment Years: 2020-21 & 2021-22) M/S. Exel Rubber Private Ltd Vs. Hyderabad Dy.Cit Central Circle 1 (2) Hyderabad Pan:Aaace4495J (Appellant) (Respondent) निर्धारिती द्वारा / Assessee By: Shri M.V. Prasad, Ca राजस्व द्वारा/Revenue By: Dr. Narendra Kumar Naik, Cit (Dr) सुनवाई की तारीख / Date Of Hearing: 20/01/2026 घोषणा की तारीख / Pronouncement: 18/02/2026 Per Manjunatha, G. A.M. आदेश/Order These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad, Both Dated 14/07/2025 For The A.Ys 2020-21, 2021-22 & 2022-23 Respectively. Since Common Issues Are Involved In These Two Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Consolidated Order.

For Appellant: Shri M.V. Prasad, CAFor Respondent: Dr. Narendra Kumar Naik, CIT (DR)
Section 132Section 132(4)Section 143(3)Section 148

incriminating material found during the course of search were confronted to Shri Ramesh Kumar Sanaka, Sr. Accounts Manager and a statement under section 132(4) of the Act has been recorded. In his statement, of Shri Ramesh Kumar Sanaka, Sr. Accounts Manager explained that the transactions recorded in the FOCUS ... Sanaka, Sr. Accounts Manager during the course of the search proceedings in his case which is evident from the relevant statement recorded under section 132(4) of the I.T. Act, and consequent certificate under section 65B of Indian Evidence Act, 1872 drawn during the course of search proceedings. This fact

Ramesh Babu Segu, Hyderabad vs. ACIT., Central Circle -1(1), Hyderabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 137/HYD/2025[2018-19]Status: DisposedITAT Hyderabad13 Feb 2026AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.137/Hyd/2025 ("नधा"रण वष"/Assessment Year:2018-19) Ramesh Babu Segu, Vs. Acit, Hyderabad. Central Circle-1(1), Pan: Amrps2069N Hyderabad. (Appellant) (Respondent) "नधा"रती "वारा/Assessee By: Sri K A Sai Prasad, Ca राज" व "वारा/Revenue By:: Ms. Payal Gupta, Sr. Ar सुनवाई क" तार"ख/Date Of Hearing: 11/02/2026 घोषणा क" तार"ख/Pronouncement: 13/02/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Ramesh Babu Segu (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad (“Ld. Cit(A)”), Dated 19/11/2024 For The Assessment Year (“A.Y.”) 2018-19. 2. The Assessee Has Raised The Following Grouds Of Appeal:

For Appellant: Sri K A Sai Prasad, CAFor Respondent: : Ms. Payal Gupta, Sr. AR
Section 132Section 143(2)Section 153CSection 69CSection 80C

para nos. 4.2 and 4.3 of the assessment order, wherein reference is made to the statement of Shri Polisetty Shyam Sundar recorded under section 132(4) of the Act, stating that advances aggregating to Rs.2,21,18,000/- were received from the assessee. However, in para ... treated as corroborative evidence against the assessee. Further, we have also gone through the relevant statement of Shri Polisetty Shyam Sundar recorded under section 132(4) of the Act extracted at page no.4 of the order of Ld. AO which is to the following effect: Page 17 of 23 Ramesh