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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)

Shah Petroleum Products, Chembur vs. ACIT, Circle 27(3), Mumbai, Vashi

In the result, appeal filed by the Assessee stands allowed

ITA 4905/MUM/2025[2012-13]Status: DisposedITAT Mumbai06 Jan 2026AY 2012-13

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2012-13 Shah Petroleum Products, Acit, Circle 27(3), Bpcl Petrol Pump, Opp. Room No. 423, 4Th Floor, Shoppers Stop, Ghatkopar Vs. Tower No. 6, Vashi Railway Mahul Road, Chembur, Mumbai, Station Commercial Mumbai – 400089. Complex, Vashi, Pan – Aabfs2738Q Navi Mumbai – 400703. (Appellant) (Respondent) Present For: Assessee By : Shri Subodh Ratnaparkhi, Ld. A.R. Revenue By : Ms. Kavitha Kaushik, Sr. D.R. Date Of Hearing : 06.11.2025 Date Of Pronouncement : 06.01.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 26.06.2025, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012-13. 2. In This Case, The Ao Had Received The Information Dated 19.03.2019 From The Ddit (Inv.) Unit – 5(4), Mumbai To The Effect That In A Survey Action Under Section 132 Of The Act Carried Out In The Case Of M/S. Evergreen Enterprise, Statement Of Mr. Nilesh Bharani, Being Partner Of Such Enterprises Recorded Under Section 132 (4) Of The Act, Wherefrom Undisclosed Activity Of Money 2 Shah Petroleum Products

For Appellant: Shri Subodh Ratnaparkhi, Ld. A.RFor Respondent: Ms. Kavitha Kaushik, SR. D.R
Section 132Section 147Section 148Section 250

carried out in the case of M/s. Evergreen Enterprise, statement of Mr. Nilesh Bharani, being partner of such enterprises recorded under Section 132 (4) of the Act, wherefrom undisclosed activity of money 2 Shah Petroleum Products lending and borrowing “in unaccounted cash” being operated in the premises of M/s. Evergreen ... borrowed and the date up to which interest thereon has been charged in “cash”. The statements of the employees were also recorded under Section 132 (4) of the Act, wherein they accepted that all cash transactions are handled by them and they are involved in the collection and distribution

S Chandra Prakash, Chennai vs. ITO, Central Circle-3(2), Chennai

ITA 2815/CHNY/2025[2021-22]Status: DisposedITAT Chennai05 Jan 2026AY 2021-22

Bench: Shri Aby T Varkey & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:2815/Chny/2025 & Sa No.105/Chny/2025 निर्धारण वर्ष / Assessment Year: 2021-22 S.Chandra Prakash, No.13/5, Vritti Apartment, 2A, Ormes Road, 3Rd Cross Street, Kilpauk S.O, Kilpauk, Chennai – 600 010. Ito, Vs. Central Circle – 3(2), Chennai. [Pan: Aaapc-4541-Q] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Mr. Y. Sridhar, F.C.A. प्रत्यर्थी की ओर से/Respondent By : Ms. R. Anitha, Addl. Cit. सुनवाई की तारीख/Date Of Hearing : 04.12.2025 घोषणा की तारीख/Date Of Pronouncement : 05.01.2026 आदेश /Order Per S. R. Raghunatha, Ам: This Appeal & Stay Application Filed By The Assessee Is Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Chennai - 20 (In Short "Cit(A)") Passed U/S.250 Of The Income-Tax Act, 1961 (In Short "The Act") Dated 08.08.2025 Pertaining To Assessment Year (Ay) 2021-22 Against The Order Passed By The Acit, Central Circle-3(2), Chennai, U/S.143(3) Of The Act Dated 30.12.2022. :-2-:

For Appellant: Mr. Y. Sridhar, F.C.AFor Respondent: Ms. R. Anitha, Addl. CIT
Section 131Section 132ASection 143(3)Section 250Section 69

convincing, has not been considered by the authorities below and additions were made and/or confirmed merely on the basis of statement recorded under section 132(4) of the Act. Despite the fact that the said statement was later on retracted no evidence has been led by the Revenue authority ... No.105//Chny/2025 not justified in making addition of Rs. 6 lakhs on the basis of statement recorded by the Assessing Officer under section 132(4) of the Act. The Tribunal has com mitted an error in ignoring the retraction made by the assessee.” 96. Furthermore, the Hon'ble Gujarat High