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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)

Sheetal Collection, Jalgaon vs. DCIT, Circle-2, Jalgaon

ITA 1074/PUN/2024[2014-15]Status: DisposedITAT Pune01 Aug 2024AY 2014-15

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreassessment Year : 2014-15 M/S Sheetal Collection Shop No. 16, Fule Market, Jalgaon-425001 Pan: Acifs1530K. . . . . . . . Appellant V/S Dy. Commissioner Of Income Tax, Circle-2, Jalgaon. . . . . . . . Respondent Appearances Assessee By : Mr V V Kawdia [‘Ld. Ar’] Revenue By : Mr Umashankar Prasad [‘Ld. Dr’] Date Of Conclusive Hearing : 25/07/2024 Date Of Pronouncement : 01/08/2024 Order Per G. D. Padmahshali, Am; Against Din & Order No. Itba/Apl/S/250/2023-24/1063185555(1) Dt. 22/03/2024 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Passed By The Commissioner Of Income Tax Appeal-11 Pune [‘Cit(A)’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Passed U/S 143(3) Of The Act By The Dy. Commissioner Of Income Tax, Circle-2, Jalgaon [‘Ao’ Hereinafter] Anent To Assessment Year 2014-15 [‘Ay’ Hereinafter] The Assessee Is In Appeal. 2. Tersely Stated The Facts Of The Case Are That; 2.1 The Assessee Is A Partnership Firm & Engaged In Retail Trading Business Of Readymade Garments. During The Year Under Consideration A Survey Action U/S 133A Of The Act On The Assessee Firm Was Carried Out & A Statement Of Its Partner Was Recorded. In Answering To Question Number 16 The Partner Declared/Admitted Certain

For Appellant: Mr V V Kawdia [‘Ld. AR’]For Respondent: Mr Umashankar Prasad [‘Ld. DR’]
Section 132(4)Section 133ASection 139(1)Section 143(2)Section 143(3)Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘SMC’ BENCH PUNE BEFORE HON’BLE SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER AND SHRI