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“Section 132(1)”

Section References (mined)Section 132Section 132(1)1,840 judgments

The decision most relied on for Section 132(1) is CIT v. Kabul Chawla (380 ITR 573), cited in 3,235 judgments on BharatTax.

Leading authorities on Section 132(1)

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

Jute Corporation of India Ltd. v. CIT
187 ITR 688 · 1991 · Supreme Court
1,372
citing judgments

The Commissioner of Income Tax (Appeals) possesses co-terminus powers with the Assessing Officer and can direct the Assessing Officer to perform actions he failed to do, but cannot introduce a new source of income in the assessment. The appellate assessment must be confined to the items of income that were the subject matter of the original assessment.

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

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.

CIT v. Excel Industries Ltd.
358 ITR 295 · 2013 · Supreme Court
935
citing judgments

When an income or expenditure is revenue neutral across different assessment years, where any benefit derived is offset by a corresponding liability or reversal, no additional tax liability arises, particularly concerning income recognition under the mercantile system of accounting.

CIT v. Sun Engineering Works (P) Ltd.
198 ITR 297 · 1992 · Supreme Court
814
citing judgments

A court's pronouncement derives its scope and color from the specific questions involved in the case, thus, due regard must always be given to the questions framed before the court when interpreting its judgment.

ITO v. Lakhmani Mewal Das
103 ITR 437 · 1976 · Supreme Court
721
citing judgments

For reassessment proceedings, the 'reason to believe' that income has escaped assessment must be based on some material and not mere suspicion, establishing a live link between the information and the belief. Furthermore, for reassessment beyond four years, there must be a specific finding of the assessee's failure to disclose fully and truly all material facts.

TRF Ltd. v. CIT
323 ITR 397 · 2010 · Supreme Court
714
citing judgments

For claiming deduction for bad debts under section 36(1)(vii) of the Income Tax Act, it is sufficient for the assessee to write off the debt as irrecoverable in its accounts, and it is not necessary to prove that the debt has actually become irrecoverable.

Judgments citing Section 132(1)

Kameshwar Alloys and Steels Pvt. Ltd., Kolkata vs. ACIT, Central Circle-1, Ranchi

In the result, the appeal of the assessee is allowed

ITA 49/RAN/2024[2014-15]Status: DisposedITAT Ranchi14 Jan 2026AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.49/Ran/2024 Assessment Year: 2014-15 Kameshwar Alloys & Steels Pvt. Ltd….…............................……….……Appellant 128/3, Hazra Road, Bhawanipur, Kol-700026.. [Pan: Aadck6558K] Vs. Acit, Cc-1, Ranchi.................……….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Adv., Appeared On Behalf Of The Appellant. Shri Md. Shadab Ahmed, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2025 Date Of Pronouncing The Order : January 14, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A)-3, Patna (Hereinafter Referred To As “Cit(A)”) Dated 05.02.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Company, Filed Its Return Of Income For The Assessment Year Under Consideration. The Case Was Originally Selected For Scrutiny On The Issue Of Share Capital & Share Premium Received During The Year. The Assessing Officer Completed The Assessment Ex Parte Under Section 144 Of The Income-Tax Act, 1961, On The Ground Of Alleged Non-Compliance & Made An Addition Of ₹2,00,00,000 Being Share Capital & Share Premium Received From Various Companies, Treating The Same As Unexplained Under Section 68 Of The Act. Subsequently, A Search & Seizure Operation Under

Section 131Section 132(1)Section 133(6)Section 133ASection 143(3)Section 144Section 153ASection 250Section 68

unexplained under section 68 of the Act. Subsequently, a search and seizure operation under I.T.A. No.49/Ran/2025 Kameshwar Alloys And Steels Pvt. Ltd section 132(1) along with a survey under section 133A was conducted in the Devakibaivelji Group cases. Consequent thereto, notice under section 153A of the Act was issued

Rekha Gupta, Motihari vs. ACIT, Central Circle, Muzaffarpur

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 81/PAT/2025[1991-92]Status: DisposedITAT Patna09 Jan 2026AY 1991-92

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.81/Pat/2025 Assessment Year: 1991-92 Rekha Gupta………..………….………………. …………………....Appellant Balua Tal, Motihari, East Champaran, Bihar-845401. [Pan: Adkpg6602P] Vs. Acit, Cc, Muzaffarpur………...……………..………………….…..... Respondent Appearances By: Shri Abhi Sarkar, Adv., Appeared On Behalf Of The Appellant. Md. A H Chowdhury, Dr Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 05, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 24.12.2024 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 1991-92. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Deriving Income From Business & Other Sources. During The Relevant Period, The Assessee Was Engaged In The Business Of Sale Of Liquor On Wholesale & Retail Basis In The Proprietary Concern Styled As M/S Surya Enterprises. A Search & Seizure Operation Under Section 132(1) Of The Act Was Conducted At The Business Premises As Well As The Residential Premises Of The Assessee. Pursuant Thereto, An Assessment

Section 132(1)Section 142(1)Section 158BSection 250

sale of liquor on wholesale and retail basis in the proprietary concern styled as M/s Surya Enterprises. A search and seizure operation under section 132(1) of the Act was conducted at the business premises as well as the residential premises of the assessee. Pursuant thereto, an assessment I.T.A. No.81/Pat/2025

Jag Mohan, Delhi vs. DCIT, Central Circle- 18, New Delhi

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 7055/DEL/2017[2014-15]Status: DisposedITAT Delhi07 Jan 2026AY 2014-15

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं.7055/धिल्ली/2017(नि.व. 2014-15) Jag Mohan, 354, Tarun Enclave, Pitampura, ...... अपीलार्थी/Appellant Delhi 110034 Pan Ahdpm-3671-M बिाम Vs. Deputy Commissioner Of Income Tax, ..... प्रनिवादी/Respondent Circle-18, New Delhi अपीलार्थी द्वारा/ Appellant By : S/Shri Raghav Sharma, Mohit Gupta, Chartered Accountants & Ms. Chandrima Choudhary, Advocate प्रधिवािीद्वारा/Respondent By : Ms. Namita Khurana Cit-Dr & Shri Om Prakash, Sr.Dr सुिवाई की निथर्थ/ Date Of Hearing : 10/10/2025 घोषणा की निथर्थ/ Date Of Pronouncement: 07/01/2026 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-28, New Delhi [In Short ‘The Cit(A)’] Dated 18/09/2017, For Assessment Year 2014-15. 2. A Search & Seizure Operation U/S.132 Of The Income Was Conducted On 26.08.2013 In The Case Of Mohan India Group. The Assessee Is One Of The Directors Of Mohan India Group & The Assessee Was Also Covered Under Said Search. During

For Appellant: S/Shri Raghav Sharma, Mohit Gupta, CharteredFor Respondent: Ms. Namita Khurana CIT-DR &
Section 132Section 143(3)Section 153A

panchnama dated 24.10.2013 on the ground that panchnama is in the name of bank account not the assessee. Whereas, the requirement of section 132(1) of the Act is that it should be in the name of a person. A perusal of panchnama at page 6 of the paper book ... place where the search is to be conducted. Therefore, in our considered view the search warrant substantially complies with the provisions of section 132(1) of the Act clearly specifying the name of person searched. The decisions on which the ld. AR of the assessee has placed reliance to buttress

ACIT Circle-1, Dhanbad vs. M/S Bharat Cooking Coal Ltd, Dhanbad

ITA 302/RAN/2017[11-12]Status: DisposedITAT Ranchi06 Jan 2026

Bench: Shri George Mathan, Jm & Shri Ratnesh Nandan Sahay, Am आयकर अपील सं./Ita Nos.291,293,294/Ran/2017 (A.Y :2009-10, 2011-12 & 2012-13) M/S Bharat Coking Coal Ltd, Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Aaacb 7934 M Vs. Acit, Circle-1, Dhanbad & आयकर अपील सं./Ita Nos.300 & 302/Ran/2017 (A.Y :2009-10 & 2011-12) Acit, Circle-1, Dhanbad Vs. M/S Bharat Coking Coal Ltd, Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Acb 7934 M & Cross Objection Nos.09 & 11/Ran/2018 (Arising Out Of Ita Nos.300&302/Ran/2017) (A.Y :2009-10 & 2011-12) M/S Bharat Coking Coal Ltd, Vs. Acit, Circle-1, Dhanbad Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Acb 7934 M (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से /Assessee By : Shri M.K.Chowdhary & Shri Devesh Poddar, Advocates राजस्व की ओर से /Revenue By : Shri Rajib Jain, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 06/01/2026 घोषणा की तारीख/Date Of Pronouncement : 06/01/2026 आदेश / Order Per Bench : These Are The Cross Appeals Filed By The Assessee & Revenue Against The Separate Orders Passed By The Id.Cit(A), Ranchi/Nfac, Delhi, Dated 20.09.2017 & 19.09.2017 For The Assessment Years 2009-10, 2011- 12 & 2012-13, Respectively. The Assessee Has Also Filed Cross Objections Arising Out Of Appeals Of Revenue For A.Y.2009-2010 & 2011-2012. 2. First, We Shall Take Up The Appeals Of The Revenue Filed For A.Y.2009- 2010 & 2011-2012. Ld. Ar, At The Outset, Filed A Chart Specifying The Issues Involved In The Appeals Of The Revenue, Which Reads As Follows :- Bharat Coking Coal Limited, Dhanbad Pan: Aaacb7934M Additions Disputed In Appeal Before Hon'Ble Itat - By It Department Si No.

For Appellant: Shri M.K.ChowdharyFor Respondent: Shri Rajib Jain, CIT-DR
Section 143(3)Section 14ASection 300Section 32(2)

आयकर अपीलीय अधिकरण, राँची न्यायपीठ, राँची IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI BEFORE SHRI GEORGE MATHAN, JM

M/S Bharat Cooking Coal Ltd, Dhanbad vs. ACIT Cir-1, Dhanbad

ITA 293/RAN/2017[11-12]Status: DisposedITAT Ranchi06 Jan 2026

Bench: Shri George Mathan, Jm & Shri Ratnesh Nandan Sahay, Am आयकर अपील सं./Ita Nos.291,293,294/Ran/2017 (A.Y :2009-10, 2011-12 & 2012-13) M/S Bharat Coking Coal Ltd, Vs. Acit, Circle-1, Dhanbad Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Aaacb 7934 M & आयकर अपील सं./Ita Nos.300 & 302/Ran/2017 (A.Y :2009-10 & 2011-12) Acit, Circle-1, Dhanbad Vs. M/S Bharat Coking Coal Ltd, Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Acb 7934 M & Cross Objection Nos.09 & 11/Ran/2018 (Arising Out Of Ita Nos.300&302/Ran/2017) (Α.Υ :2009-10 & 2011-12) M/S Bharat Coking Coal Ltd, Vs. Acit, Circle-1, Dhanbad Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Acb 7934 M (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से /Assessee By : Shri M.K.Chowdhary & Shri Devesh Poddar, Advocates राजस्व की ओर से /Revenue By : Shri Rajib Jain, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 06/01/2026 : 06/01/2026 घोषणा की तारीख/Date Of Pronouncement Per Bench : आदेश / Order These Are The Cross Appeals Filed By The Assessee & Revenue Against The Separate Orders Passed By The Id.Cit(A), Ranchi/Nfac, Delhi, Dated 20.09.2017 & 19.09.2017 For The Assessment Years 2009-10, 2011- 12 & 2012-13, Respectively. The Assessee Has Also Filed Cross Objections Arising Out Of Appeals Of Revenue For A.Y.2009-2010 & 2011-2012. 2. First, We Shall Take Up The Appeals Of The Revenue Filed For A.Y.2009- 2010 & 2011-2012. Ld. Ar, At The Outset, Filed A Chart Specifying The Issues Involved In The Appeals Of The Revenue, Which Reads As Follows :- Bharat Coking Coal Limited, Dhanbad Pan: Aaacb7934M Additions Disputed In Appeal Before Hon'Ble Itat - By It Department Si No.

For Appellant: Shri M.K.ChowdharyFor Respondent: Shri Rajib Jain, CIT-DR
Section 1Section 143(3)Section 14ASection 32(2)

आयकर अपीलीय अधिकरण, राँची न्यायपीठ, राँची IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI BEFORE SHRI GEORGE MATHAN, JM

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

held as stock-in-trade by the assessee, there is no provision under the law to seize the same. As per proviso to Section 132(1)(iii), jewellery being held as stock in trade of the business found as a result of search should not be seized by the authorized