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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)

The Dy CIT, Central Circle-6(4), Mumbai vs. Shri Mehul Johnson, Mumbai

In the result, the appeal filed by the revenue stands dismissed

ITA 1647/MUM/2020[2017-78]Status: DisposedITAT Mumbai19 May 2022AY 2017-78

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 1647/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2017-18) Shri Mehul Johnson, Dcit Cen. Cir. 6(4), 2808, 28Th Floor, R. No. 1925, 19Th Imperial Tower, M P Floor, Air India बिधम/ Mill’S Compound, Building, Nariman Vs. Tardeo, Point, Mumbai-400 034 Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./ Pan No. Abbpj3414H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Mahesh Akhade, Ld. Dr By प्रत्यथीकीओरसे/Respondent : Shri Gautam Jain, Ld. Ar By सुनवाईकीतारीख/ : 11.05.2022 Date Of Hearing घोषणाकीतारीख / : 19.05.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 07.07.2020, Passed By Ld. Cit(A)-54, Mumbai For The Quantum Appeal Of Assessment Passed U/S 143(3)

For Appellant: Shri Mahesh AkhadeFor Respondent: Shri Gautam Jain, Ld
Section 132Section 132(4)Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JM, & SHRI AMARJIT SINGH, AM आयकरअपीलसं./ I.T.A

Apurva Avarsekar, Mumbai vs. ACIT Cent. Cir. 8(2) (Erstwhile ACIT, Cent. Cir. - 45), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 720/MUM/2017[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

proximity of transactions. Similar were facts in case of Arun Kala vs ACIT 17 SOT 15(JP) 5. Admission made in statement under section 132(4) has great evidentiary value. The appellant surrendered income before the AO for which A did not proceed for any further enquiry and completed assessment ... lack of evidence to support the contention of the appellant must result in dismissing the claim of telescoping. Admission made in statement under section 132(4) has great evidentiary value. Members of Avarsekar family have at no point of time brought to the notice of the Department the existence

Kishore Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5469/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

proximity of transactions. Similar were facts in case of Arun Kala vs ACIT 17 SOT 15(JP) 5. Admission made in statement under section 132(4) has great evidentiary value. The appellant surrendered income before the AO for which A did not proceed for any further enquiry and completed assessment ... lack of evidence to support the contention of the appellant must result in dismissing the claim of telescoping. Admission made in statement under section 132(4) has great evidentiary value. Members of Avarsekar family have at no point of time brought to the notice of the Department the existence

Ashish Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5468/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

proximity of transactions. Similar were facts in case of Arun Kala vs ACIT 17 SOT 15(JP) 5. Admission made in statement under section 132(4) has great evidentiary value. The appellant surrendered income before the AO for which A did not proceed for any further enquiry and completed assessment ... lack of evidence to support the contention of the appellant must result in dismissing the claim of telescoping. Admission made in statement under section 132(4) has great evidentiary value. Members of Avarsekar family have at no point of time brought to the notice of the Department the existence

Pushpa Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5467/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

proximity of transactions. Similar were facts in case of Arun Kala vs ACIT 17 SOT 15(JP) 5. Admission made in statement under section 132(4) has great evidentiary value. The appellant surrendered income before the AO for which A did not proceed for any further enquiry and completed assessment ... lack of evidence to support the contention of the appellant must result in dismissing the claim of telescoping. Admission made in statement under section 132(4) has great evidentiary value. Members of Avarsekar family have at no point of time brought to the notice of the Department the existence

Shweta Avarsekar, Mumbai vs. Asst CIT Cen Cir 8(2), Mumbai

In the result, the appeals by the four assessees namely Mrs

ITA 5466/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Apr 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Mrs. Shweta Avarsekar, Asst. Commissioner Of Income Tax, 1401, 14Th Floor, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aaepa 2258 E Appellant Respondent Assessment Year: 2012-13 Mrs. Pushpa Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, Pushpanjali Apartment, Central Circle-8(2), Mumbai Old Prabhadavi Road, Prabhadavi, Vs. (Erstwhile, The Asst. Commissioner Mumbai-400025. Of Income Tax, Central Circle-45) Pan No. Aacpa 1273 F Appellant Respondent Assessment Year: 2012-13 Mr. Ashish Avarsekar, Asst. Commissioner Of Income Tax, 13Th Floor, 1252, Pushpanjali Central Circle-8(2), Mumbai Apartment, Old Prabhadevi, Vs. (Erstwhile, The Asst. Commissioner Prabhadevi, Of Income Tax, Central Circle-45) Mumbai-400025. Pan No. Aaapa 6084 A Appellant Respondent Assessment Year: 2012-13

For Appellant: Mr. Apurv Gandhi, ARFor Respondent: Mr. Kishan Vyas, CIT-DR

proximity of transactions. Similar were facts in case of Arun Kala vs ACIT 17 SOT 15(JP) 5. Admission made in statement under section 132(4) has great evidentiary value. The appellant surrendered income before the AO for which A did not proceed for any further enquiry and completed assessment ... lack of evidence to support the contention of the appellant must result in dismissing the claim of telescoping. Admission made in statement under section 132(4) has great evidentiary value. Members of Avarsekar family have at no point of time brought to the notice of the Department the existence

Shri Rameshkumar H. Jain, Mumbai vs. Dy CIT, CC-2(4), Mumbai

In the result, the appeal of the assessee is hereby allowed

ITA 1721/MUM/2020[2013-14]Status: DisposedITAT Mumbai28 Apr 2022AY 2013-14

Bench: Shri Amar Jit Singh & Shri S. Rifaur Rahmanassessment Year: 2013-14 Shri Rameshkumar H. Jain, Dcit, Bit Chawl No.3, Central Circle-2(4), Shop No.202, Mumbai – 400 020 Seth Mothi Sha, Vs. Love Lane, Mazgaon, Byculla, Mumbai – 400 010 Pan: Aaipj9005G (Appellant) (Respondent) Present For: Assessee By : Ms.Ruchi Rathod, A.R. Revenue By : Shri Ganesh Bare, Sr. A.R. Cit Date Of Hearing : 05.04.2022 Date Of Pronouncement : 28.04.2022 O R D E R Per Amarjit Singh: The Assessee Has Filed The Present Appeal Against The Order Dated 17.03.2020 Passed By The Commissioner Of Income Tax (Appeals)-48, Mumbai Relevant To Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds: “1. On The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income-Tax (Appeal) Erred In Not Treating The Search Action As Illegal & Bad In Law. The Learned Commissioner Of Income-Tax (Appeal) Erred In Not Holding That The Assessment Order Passed By The Assessing Officer Is Bad, Illegal & Without Jurisdiction. The Said Proceeding Is Illegal, Without Jurisdiction & Bad In Law. 2.1. On Facts & Circumstances Of The Case & In Law Learned Cit (Appeals) Erred In Confirming Arbitrarily The Addition Of Rs.22,31,445/- Being Not Treating The Jewelry Found In Locker As The Stock In Trade Of The Appellant. Addition

For Appellant: Ms.Ruchi Rathod, A.RFor Respondent: Shri Ganesh Bare, Sr. A.R. CIT
Section 132Section 132(4)

stock was also accepted in these years also. The demand raised was on the basis of return of income. The statement recorded under section 132(4) dated 09.11.2012 while giving the answer to question No.18, the assessee has accepted the jewellery worth Rs.28 lakhs that includes stock of business