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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)

M/S. Sbs Agencies, Chennai vs. DCIT, Central Circle-3(4), Chennai

In the result, the appeals of the assessee is allowed

ITA 1894/CHNY/2024[2018-19]Status: DisposedITAT Chennai15 Jan 2025AY 2018-19

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1894/Chny/2024 निर्ाारण वर्ा /Assessment Years: 2018-19 M/S.Sbs Agencies, Deputy Commissioner Of Income No.18, Audiappa Naicken Street, Tax Sowcarpet, Central Circle-3(4), Chennai-600 079. Chennai [Pan: Aalfs9107M] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri D.Anand, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.R.Anita, Add.Cit सुिवाई की तारीख/Date Of Hearing : 21.11.2024 घोर्णा की तारीख /Date Of Pronouncement : 15.01.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms.R.Anita, Add.CIT
Section 133ASection 145(3)Section 250Section 69A

validity of statement under statement 133A. “…..5.3. A power to examine a person on oath is specifically conferred on the authorities only under Section 132(4) of the Act in the course of any search or seizure. Thus, the Income-tax Act, whenever it thought fit and necessary to confer ... 133A does not empower any Income-tax Officer to examine any person on oath. Thus, in contradistinction to the power under section 133A, section 132(4) of the Income-tax Act enables the authorised officer to examine a person on oath and any statement made by such person during such

Shital Dhorda, Mumbai vs. ITO-22(3)(1), Mumbai

In the result the appeal filed by the assessee stands allowed

ITA 4625/MUM/2023[2012-13]Status: DisposedITAT Mumbai14 Jan 2025AY 2012-13

Bench: Shri Sandeep Gosainvs. Ito – 22(3)(3) Shital Dhorda 408, Piramal Chambers 1002, 10Th Floor, Lalbaug, Mumbai – Vibgyor, S.V. Road, 400012. Santacruz (W), Mumbai – 400054. Pan/Gir No. Ajvpd0456H (Applicant) (Respondent) Assessee By Shri Snehal Shah Revenue By Shir Vithal Machindra Bhosale, Sr. Dr सुनवाई क" तारीख/Date Of Hearing 16.12.2024 घोषणा क" तारीख/Date Of Pronouncement 14.01.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order Dated 04.07.2023, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The Learned Commissioner Of Income Tax (Appeals) / National Faceless Appeal Centre, Delhi (‘Ld. Cit(A)’), For The Assessment Year 2012-13. The Assessee Has Raised The Following Grounds Of Appeal:

Section 131Section 132Section 143(3)Section 250

seizure action conducted on Kamala Group on 08/01/2013 which was confirmed through statement of Shri Nilesh Gawade and Shri Mahendra Rawal recorded under section 132(4) of the Act. The Learned AO has neither confronted the contents of Para 5.4 of the order which clearly states that the statement ... relied upon by the Learned AO, the contents of the "Pen- drive', statement of Shri Nilesh Gawade and Shri Mahendra Rawal recorded under section 132(4) of the Act and such other related documents seized and relied upon by the Learned AO have not been confronted to the Appellant before