Section 132(4) of the Income Tax Act

Income-tax Act, 2025: ss.247, 249, 251

Section 132(4) falls under section 132 of the Income-tax Act, 1961, which corresponds to section 247 (Search and seizure), section 249 (Reasons not to be disclosed) and section 251 (Copying, extraction, retention and release of books of account and documents seized or requisitioned) of the Income-tax Act, 2025.

Read section 247 of the 2025 ActRead section 249 of the 2025 ActRead section 251 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

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 of the 3,819 judgments on BharatTax that turn on this section.

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.

Dhakeshwari Cotton Mills Ltd. v. CIT
26 ITR 775 · 1954 · Supreme Court
1,061
citing judgments

Corroborative evidence is essential to support evidence found on third-party premises, and an assessment cannot be based on suspicion, surmises, or conjecture.

Kishanchand Chellaram v. CIT
125 ITR 713 · 1980 · Supreme Court
962
citing judgments

An assessee is entitled to be confronted with evidence used against them and to an opportunity for cross-examination, especially when that evidence is from a third party or a retracted statement. Failure to provide such an opportunity violates the principles of natural justice.

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 on Section 132(4)

Anand Kumar Sharma, Howrah vs. DCIT, C.C-2(1), Kolkata.

In the result, appeals of the assessee are partly allowed

ITSSA 172/KOL/2023[2013-14]Status: DisposedITAT Kolkata14 Mar 2024AY 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Anikesh Banerjee, Hon’Blei.T(Ss)A. Nos. 169 To 172/Kol/2023 Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Deputy Commissioner Of Income 50/21, Shree Arvind Road Vs Tax, Central Circle – 2(1), Kolkata Salkia Howrah - 711106 [Pan: Avmps0367F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sushil Kumar Pransukha, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 30/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 14/03/2024 आदेश/O R D E R Per Bench : The Above Captioned Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 20, Kolkata, (Hereinafter The “Ld. Cit(A)”) Even Dt. 24/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2010-11 To 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- It(Ss)A No. 169/Kol/2023; Assessment Year 2010-11:- “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Made By The Ao By Estimating The Commission Income Earned By The Assessee At The Rate Of 0.60% On The Accommodation Entry Amounting To Rs.42.2 Crore Provided By Him & Thereby Making Addition Of Rs.25,32,000/- As Against The 2 I.T(Ss)A. Nos. 169 To 172/Kol/2023; Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Commission Income Of Rs.6,33,000/- At The Rate Of 0.15% Offered By The Assessee. The Addition Amounting To Rs.18,99,000/- Is, Therefore, Unjustified & Needs To Be Deleted. 2. The Assessee Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Shri Sushil Kumar Pransukha, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 132(4)Section 153CSection 250Section 69

Anand Kumar Sharma, Howrah vs. DCIT, CC-2(1), Kolkata

In the result, appeals of the assessee are partly allowed

ITSSA 171/KOL/2023[2012-13]Status: DisposedITAT Kolkata14 Mar 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Anikesh Banerjee, Hon’Blei.T(Ss)A. Nos. 169 To 172/Kol/2023 Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Deputy Commissioner Of Income 50/21, Shree Arvind Road Vs Tax, Central Circle – 2(1), Kolkata Salkia Howrah - 711106 [Pan: Avmps0367F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sushil Kumar Pransukha, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 30/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 14/03/2024 आदेश/O R D E R Per Bench : The Above Captioned Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 20, Kolkata, (Hereinafter The “Ld. Cit(A)”) Even Dt. 24/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2010-11 To 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- It(Ss)A No. 169/Kol/2023; Assessment Year 2010-11:- “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Made By The Ao By Estimating The Commission Income Earned By The Assessee At The Rate Of 0.60% On The Accommodation Entry Amounting To Rs.42.2 Crore Provided By Him & Thereby Making Addition Of Rs.25,32,000/- As Against The 2 I.T(Ss)A. Nos. 169 To 172/Kol/2023; Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Commission Income Of Rs.6,33,000/- At The Rate Of 0.15% Offered By The Assessee. The Addition Amounting To Rs.18,99,000/- Is, Therefore, Unjustified & Needs To Be Deleted. 2. The Assessee Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Shri Sushil Kumar Pransukha, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 132(4)Section 153CSection 250Section 69

Anand Kumar Sharma, Howrah vs. DCIT.CC-2(1), Kolkata.

In the result, appeals of the assessee are partly allowed

ITSSA 170/KOL/2023[2011-12]Status: DisposedITAT Kolkata14 Mar 2024AY 2011-12

Bench: Dr. Manish Borad, Hon’Ble & Shri Anikesh Banerjee, Hon’Blei.T(Ss)A. Nos. 169 To 172/Kol/2023 Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Deputy Commissioner Of Income 50/21, Shree Arvind Road Vs Tax, Central Circle – 2(1), Kolkata Salkia Howrah - 711106 [Pan: Avmps0367F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sushil Kumar Pransukha, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 30/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 14/03/2024 आदेश/O R D E R Per Bench : The Above Captioned Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 20, Kolkata, (Hereinafter The “Ld. Cit(A)”) Even Dt. 24/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2010-11 To 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- It(Ss)A No. 169/Kol/2023; Assessment Year 2010-11:- “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Made By The Ao By Estimating The Commission Income Earned By The Assessee At The Rate Of 0.60% On The Accommodation Entry Amounting To Rs.42.2 Crore Provided By Him & Thereby Making Addition Of Rs.25,32,000/- As Against The 2 I.T(Ss)A. Nos. 169 To 172/Kol/2023; Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Commission Income Of Rs.6,33,000/- At The Rate Of 0.15% Offered By The Assessee. The Addition Amounting To Rs.18,99,000/- Is, Therefore, Unjustified & Needs To Be Deleted. 2. The Assessee Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Shri Sushil Kumar Pransukha, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 132(4)Section 153CSection 250Section 69

Anand Kumar Sharma, Howrah vs. DCIT, CC-2(1), Kolkata.

In the result, appeals of the assessee are partly allowed

ITSSA 169/KOL/2023[2010-11]Status: DisposedITAT Kolkata14 Mar 2024AY 2010-11

Bench: Dr. Manish Borad, Hon’Ble & Shri Anikesh Banerjee, Hon’Blei.T(Ss)A. Nos. 169 To 172/Kol/2023 Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Deputy Commissioner Of Income 50/21, Shree Arvind Road Vs Tax, Central Circle – 2(1), Kolkata Salkia Howrah - 711106 [Pan: Avmps0367F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sushil Kumar Pransukha, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 30/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 14/03/2024 आदेश/O R D E R Per Bench : The Above Captioned Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 20, Kolkata, (Hereinafter The “Ld. Cit(A)”) Even Dt. 24/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2010-11 To 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- It(Ss)A No. 169/Kol/2023; Assessment Year 2010-11:- “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Made By The Ao By Estimating The Commission Income Earned By The Assessee At The Rate Of 0.60% On The Accommodation Entry Amounting To Rs.42.2 Crore Provided By Him & Thereby Making Addition Of Rs.25,32,000/- As Against The 2 I.T(Ss)A. Nos. 169 To 172/Kol/2023; Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Commission Income Of Rs.6,33,000/- At The Rate Of 0.15% Offered By The Assessee. The Addition Amounting To Rs.18,99,000/- Is, Therefore, Unjustified & Needs To Be Deleted. 2. The Assessee Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Shri Sushil Kumar Pransukha, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 132(4)Section 153CSection 250Section 69

The Asstt.Commissioner of Income Tax Central Circle-1(2), Ahmedabad vs. Kanchanbhai Baldevbhai Patel, Ahmedabad

ITSSA 72/AHD/2021[2010-11]Status: DisposedITAT Ahmedabad08 Mar 2024AY 2010-11

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarit(Ss)A No. 72/Ahd/2021 िनधा"रण वष"/Assessment Year: 2010-11 Kanchanbhai Baldevbhai Patel, Asstt. Commissioner Of 9, Pariseema Complex, Income-Tax, Vs. C.G. Road, Navrangpura, Central Circle – 1(20, Ahmedabad Ahmedabad Pan : Aeipp 6465 Q अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri K.C. Thaker, Ar Revenue By : Shri Akhilendra Pratap Yadav, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 11.12.2023 घोषणा क" तारीख /Date Of Pronouncement: 08.03.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: The Present Appeal Has Been Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-11, Ahmedabad (Hereinafter Referred To As “Cit(A)” For Short) Dated 19.03.2021 Passed U/S 250(6) Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act” For Short) For Assessment Year (Ay) 2010-11. 2. The Grounds Raised Are As Under:- 1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Disallowance Of The Claim Of Set Off Of Short Term Capital Loss Of Rs. 12.60 Cr. Against Ltcg On Sale Of Land, Holding That The Assessing Officer Has Not Made Out Case For Disbelieving, Without Appreciating The Fact That The Assessee Has Grossly Failed To Explain The Genuineness Of The Short Term Capital Loss & The Source Of Investment Made As Well As The Variation Of The Price In Shares Of Fuji Marketing Pvt. Ltd., A Company Run By The Family Of The Assessee, Within A Short Span Of Time.

For Appellant: Shri K.C. Thaker, ARFor Respondent: Shri Akhilendra Pratap Yadav, CIT-DR
Section 132Section 250(6)

Bharat Laxman Bhiwapurkar, Thane vs. ITO, Ward 1(5), Thane

In the result, the appeal of the assesse is partly allowed

ITA 3413/MUM/2023[2011-12]Status: DisposedITAT Mumbai04 Mar 2024AY 2011-12

Bench: Shri Kuldip Singh & Shri Amarjit Singhbharat Laxman Vs. Ito, Ward 1(5), Bhiwapurkar, 204, Room No. 14, B Wing, Oxford, Regency Heights, 6Th Floor, Ashar It Park, Azad Nagar, Kolshet, Road No. 16Z, Wagle, Thane - 400602 Ind. Estate, Thane-400604 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Abnpb8487A Appellant .. Respondent Appellant By : Subodh Ratnaparkhi Respondent By : S. Arunkumar Date Of Hearing 26.02.2024 Date Of Pronouncement 04.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 03.08.2023 For A.Y. 2011-12. The Assessee Has Raised The Following Grounds Before Us: “1. The Hon. Cit (A) Erred In Upholding Re-Opening Of Assessment U/S 147 Of The Income Tax Act 1961, Inspite Of The Fact That There Was No Incriminating Material Pertaining To The Appellant With Regards To Alleged On-Money Paid For Purchase Of Flat From Cosmos Group & Therefore The Re-Opening Was In Absence Of Any Independent & Valid Belief On The Part Of The Id Ao That Any Income Chargeable To Tax Had Escaped Assessment. The Re-Opening Of Assessment U/S 147 Being Bad-In-Law, The Asst. Order Flowing Therefrom, Being The Order U/S 143(3) R.W.S 147 Is Also Invalid & Bad In Law & Hence The Same May Be Quashed 2. The Hon Cit (A) Erred In Upholding The Addition Of Rs. 31,00,000/-, U/S 69 Of The 1.1 Act, 1961, As Unexplained Investment Towards Alleged On- Money Paid Towards Purchase Of Flat No. A-07, 7Th Floor, Twilight, Cosmos Horizon, Ghodbunder Road, Thane (W) To Cosmos Group, Ignoring The Contentions Of The Appellant That There Was No Incriminating

For Appellant: Subodh RatnaparkhiFor Respondent: S. Arunkumar
Section 131Section 132(4)Section 143(1)Section 143(3)Section 147Section 148Section 69

ITO 28 (1)(1), Mumbai vs. Gahlot Construction, Mumbai

In the result, the appeal of the revenue & CO of the assessee is dismissed

ITA 2475/MUM/2021[2008-09]Status: DisposedITAT Mumbai23 Feb 2024AY 2008-09

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T. A. No. 2475/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2008-09) Ito-28(1)(1) बिधम/ M/S. Gahlot Construction Room No. 329, Tower No. Plot No-28A, Gahlot Vs. 6, 3Rd Floor, Vashi Railway Complex, Sector-10, Station, Navi Mumbai- Nerul, Navi Mumbai- 400703. 400703. Cross Objection No. 82/Mum/2023 Arising Out Of I.T.A. No.2475/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2008-09) M/S. Gahlot Construction बिधम/ Ito-28(1)(1) Plot No-28A, Gahlot Room No. 329, Tower Vs. No. 6, 3Rd Floor, Vashi Complex, Sector-10, Nerul, Navi Mumbai-400703. Railway Station, Navi Mumbai-400703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaofm5698J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Ritika Agarwal Revenue By: Shri Raj Singh Meel (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 30/01/2024 घोषणा की तारीख /Date Of Pronouncement: 23/02/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue; & The Assessee Has Filed A Cross Objection (Co) Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [Hereinafter Referred To As The “Cit(A)”] Dated 30.10.2021 For The Ay. 2008-09. 2. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) Deleting The Addition Of Rs.5 Cr Which Was Added By The

For Appellant: Ms. Ritika AgarwalFor Respondent: Shri Raj Singh Meel (Sr. AR)
Section 132Section 139Section 147Section 151Section 153CSection 68