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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)

Vasireddy Vidya Sagar, Guntur vs. The Deputy Commissioner of Income Tax, Central Circle-1, Guntur

ITA 524/VIZ/2024[2014-15]Status: DisposedITAT Visakhapatnam07 Mar 2025AY 2014-15

Bench: Shri K. Narasimha Chary, Hon'Ble & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.Τ.Α.Nos.524, 525 & 526/Viz/2024 (निर्धारण वर्ष/ Assessment Years: 2014-15, 2019-20 & 2020-21) Vasireddy Vidya Sagar V. Dcit – Central Circle – 1 D.No. 5-37-44/2, Kalangi Complex 4/7, Brodipet, Guntur - 522002 [Pan: Agzps2420F] (अपीलार्थी/ Appellant) Income Tax Office Lakshmipuram Main Road Guntur - 522006 Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By Shri Mv Prasad, Ca Dr. Aparna Villuri, Sr.Ar सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing 19.02.2025 घोषणा की तारीख/Date Of Pronouncement 07.03.2025 आदेश /Order Per Shri S Balakrishnan: 1. These Appeals Are Filed By The Assessee Against Different Orders Of Learned Commissioner Of Income Tax (Appeals), Visakhapatnam – 3 [Hereinafter In Short "Ld.Cit(A)"] Vide Respective Din & Order No. As Stated Below:-

Section 115BSection 132(4)Section 142(1)Section 153CSection 65B

payment of Rs. 11,17,507/- on 29.03.2014 to M/s.Polisetty Somasundaram. Ld. AO found that in the sworn statement under section 132(4) of the Act, Managing Partner of M/s. Polisetty Somasundaram has stated that cash payments made to the assessee are cash loans and the amount received with interest

Deputy Commissioner of Income Tax, Central Circle 3(3)), Bandra Kurla Complex, Mumbai vs. Welspun Living Limited (Formerly Known As Welspun India Ltd), Mumbai

In the result, the appeal is dismissed

ITA 4564/MUM/2024[2018-19]Status: HeardITAT Mumbai07 Mar 2025AY 2018-19

Bench: Shri Saktijit Dey, Vp & Shri Narendra Kumar Billaiya, Am Dy. Cit, Central Circle-3(3) Welspun Living Limited (Formerly Room No. 406, Kautilya Bhawan, Known As Welspun India Ltd.) B Wing, 9Th Floor, Trade World, Bandra Kurla Complex, Bandra (E), Vs. Mumbai-400 051 Lower Parel, Delisle Road, S.O. Mumbai-400 013 Pan/Gir No. Aaacw 1259 N (Appellant) : (Respondent) Appellant By : Shri Harsh M. Kapadia & Shri Ajay Nagpal Respondent By : Dr. Kishor Dhule Date Of Hearing : 25.02.2025 Date Of Pronouncement : 07.03.2025 O R D E R Per Saktijit Dey, Vp: This Is An Appeal By The Revenue Against Order Dated 12.07.2024 Of Learned Commissioner Of Income Tax (Appeals)-51, Mumbai (‘Ld.Cit(A) For Short), Pertaining To Assessment Year (A.Y.) 2018-19. 2. In Ground Nos. 1 & 2, The Revenue Has Challenged Deletion Of Disallowance Made U/S. 14A Of The Income Tax Act, 1961 Read With Rule 8D, While Computing Income Under The Normal Provisions Of The Act, As Also, While Computing Book Profit U/S. 115Jb Of The Act.

For Appellant: Shri Harsh M. Kapadia &For Respondent: Dr. Kishor Dhule
Section 115JSection 14ASection 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, VP AND SHRI NARENDRA KUMAR BILLAIYA, AM