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)

M/S. Suprabha Industries Ltd., Kolkata vs. DCIT, Central Circle - 4(3), Kolkata

Appeals are allowed

ITA 2373/KOL/2018[2014-15]Status: DisposedITAT Kolkata22 Oct 2020AY 2014-15

Bench: Shri J. Sudhakar Reddy, Am & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A Nos.2372&2373/Kol/2018 ("नधा"रण वष" / Assessment Years: 2013-14 & 2014-15) M/S Suprabha Industries Ltd. Vs. Dcit, Central Circle-4(3), Kolkata Continental Chambers, 15A Hemant Basu Sarani, Kolkata "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcs9389J (Appellant) .. (Respondent) Appellant By : Shri Miraj D. Shah, A/R Respondent By : Smt. Ranu Biswas, Addl. Cit सुनवाईक"तार"ख/ Date Of Hearing : 19/10/2020 घोषणाक"तार"ख/Date Of Pronouncement : 22/10/2020 आदेश / O R D E R Per Shri S. S. Godara: These Assessee’S Two Appeals For Assessment Years 2013-14 & 2014-15 Arise Against The Commissioner Of Income Tax (A) - 21, Kolkata’S Separate Orders Both Dated 27.08.2018 Passed In Case No.10527&10538/Dcit,Cc-4(3)/Cit(A)- 21/Kol/2016-17 Involving Proceedings U/S 271Aab Of The Income Tax Act, 1961; In Short ‘The Act’; Respectively. Heard Both The Parties. Case Files/Records Perused. 2. The Assessee’S Identical Sole Substantive Grievance In Both These Appeals Challenges Correctness Of The Lower Authorities’ Action Imposing Section 271Aab Penalties Of Rs.44,93,035/- @30% Of The Alleged Undisclosed Income Of Rs.1,49,76,784/- Each By The Assessing Officer In His Twin Separate Orders; Both Dated 28.09.16 & Restricted To 10% Each In The Cit(A)’S Lower Appellate Discussion Reading As Under:

For Appellant: Shri Miraj D. Shah, A/RFor Respondent: Smt. Ranu Biswas, Addl. CIT
Section 132Section 132(4)Section 143(3)Section 2Section 271A

M/S. Suprabha Industries Ltd., Kolkata vs. DCIT, Central Circle - 4(3), Kolkata

Appeals are allowed

ITA 2372/KOL/2018[2013-14]Status: DisposedITAT Kolkata22 Oct 2020AY 2013-14

Bench: Shri J. Sudhakar Reddy, Am & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A Nos.2372&2373/Kol/2018 ("नधा"रण वष" / Assessment Years: 2013-14 & 2014-15) M/S Suprabha Industries Ltd. Vs. Dcit, Central Circle-4(3), Kolkata Continental Chambers, 15A Hemant Basu Sarani, Kolkata "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcs9389J (Appellant) .. (Respondent) Appellant By : Shri Miraj D. Shah, A/R Respondent By : Smt. Ranu Biswas, Addl. Cit सुनवाईक"तार"ख/ Date Of Hearing : 19/10/2020 घोषणाक"तार"ख/Date Of Pronouncement : 22/10/2020 आदेश / O R D E R Per Shri S. S. Godara: These Assessee’S Two Appeals For Assessment Years 2013-14 & 2014-15 Arise Against The Commissioner Of Income Tax (A) - 21, Kolkata’S Separate Orders Both Dated 27.08.2018 Passed In Case No.10527&10538/Dcit,Cc-4(3)/Cit(A)- 21/Kol/2016-17 Involving Proceedings U/S 271Aab Of The Income Tax Act, 1961; In Short ‘The Act’; Respectively. Heard Both The Parties. Case Files/Records Perused. 2. The Assessee’S Identical Sole Substantive Grievance In Both These Appeals Challenges Correctness Of The Lower Authorities’ Action Imposing Section 271Aab Penalties Of Rs.44,93,035/- @30% Of The Alleged Undisclosed Income Of Rs.1,49,76,784/- Each By The Assessing Officer In His Twin Separate Orders; Both Dated 28.09.16 & Restricted To 10% Each In The Cit(A)’S Lower Appellate Discussion Reading As Under:

For Appellant: Shri Miraj D. Shah, A/RFor Respondent: Smt. Ranu Biswas, Addl. CIT
Section 132Section 132(4)Section 143(3)Section 2Section 271A

Shri Rajiv Bothra, Jaipur vs. Income Tax Officer, Ward-5-2, Ncrb, Jaipur

In the result, appeal of the assessee is dismissed

ITA 557/JPR/2019[2013-14]Status: DisposedITAT Jaipur20 Oct 2020AY 2013-14

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 557/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2013-14 Rajiv Bothra, Cuke I.T.O., Vs. B-252, Janta Colony, Ward 5(2), Jaipur. Ncrb, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aazpr 2080 A Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Written Submissions Jktlo Dh Vksj Ls@ Revenue By : Ms. Chanchal Meena (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 28/09/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 21/10/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Jaipur Dated 19/03/2019 For The A.Y. 2013-14, Wherein The Assessee Has Raised Following Grounds Of Appeal: “1. That The Ld. Cit(A) Has Erred At Law As Well As On Facts In Invoking Provisions Of Section 145 For Confirming The Addition Made When The Assessing Officer Had Made The Trading Additions Without Invoking Provisions Of Section 145. 2. That The Ld. A.O. Had Erred At Law As Well As On Facts In Arbitrarily Treating Purchases Made From Maximus Gems, Surya Diam & Navkar India Of Rs. 71,32,000/-, Rs. 10,09,250/- & Rs. 9,01,600/- Respectively In Total Of Rs. 90,42,850/- Are Non-Verifiable Purchases & The Ld. Cit(A) Also Erred In Confirming That The Purchases Made From These Parties Are Non-Verifiable.

For Appellant: Written SubmissionsFor Respondent: Ms. Chanchal Meena (Addl.CIT)
Section 143(3)Section 145Section 145(3)

Shri Jaisingh Yadav, Jaipur vs. ACIT, Central Circle-3 Jaipur

In the result, both these appeals of the assessee are allowed

ITA 1291/JPR/2019[2015-16]Status: DisposedITAT Jaipur20 Oct 2020AY 2015-16

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1290 & 1291/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 & 2015-16 Cuke Jaisingh Yadav, A.C.I.T., Vs. 1, Mehta Ki Dhani, Chandra Nagar- Central Circle-3, A, Govindpura, Kalwar Road, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Acwpy 5493 R Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Avinash Khandelwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Ms. Chanchal Meena (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 07/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 21/10/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. Both These Appeals Have Been Filed By The Assessee Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur Dated 18/09/2019 For The A.Y. 2014-15 & 2015-16 Respectively. Grounds Taken By The Assessee In Both These Appeals Are Reproduced As Under: Grounds Of Ita No. 1290/Jp/2019 (A.Y. 2014-15) “1. The Learned Ao Has Seriously Erred In Law & Facts In Making Addition Of Rs. 1274700 In The Income Of Assessee As Undisclosed Income. Hon'Ble Cit (Appeals) Has Seriously Erred In Rejecting The Appeal Of Assessee & Confirming The Additions Without Considering The Appeal Submission & On Wrong Premise. The Learned Cit (Appeals) Erred In Referring The Copy Of Itr Of Female Family Members Of Assessee As Certain Loose Documents Which Contained Incriminating Transaction & Also Erred In Stating That The Appellant

For Appellant: Shri Avinash Khandelwal (CA)For Respondent: Ms. Chanchal Meena (Addl.CIT)
Section 292C

Shri Jaisingh Yadav, Jaipur vs. ACIT, Central Circle-3 Jaipur

In the result, both these appeals of the assessee are allowed

ITA 1290/JPR/2019[2014-15]Status: DisposedITAT Jaipur20 Oct 2020AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1290 & 1291/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 & 2015-16 Cuke Jaisingh Yadav, A.C.I.T., Vs. 1, Mehta Ki Dhani, Chandra Nagar- Central Circle-3, A, Govindpura, Kalwar Road, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Acwpy 5493 R Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Avinash Khandelwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Ms. Chanchal Meena (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 07/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 21/10/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. Both These Appeals Have Been Filed By The Assessee Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur Dated 18/09/2019 For The A.Y. 2014-15 & 2015-16 Respectively. Grounds Taken By The Assessee In Both These Appeals Are Reproduced As Under: Grounds Of Ita No. 1290/Jp/2019 (A.Y. 2014-15) “1. The Learned Ao Has Seriously Erred In Law & Facts In Making Addition Of Rs. 1274700 In The Income Of Assessee As Undisclosed Income. Hon'Ble Cit (Appeals) Has Seriously Erred In Rejecting The Appeal Of Assessee & Confirming The Additions Without Considering The Appeal Submission & On Wrong Premise. The Learned Cit (Appeals) Erred In Referring The Copy Of Itr Of Female Family Members Of Assessee As Certain Loose Documents Which Contained Incriminating Transaction & Also Erred In Stating That The Appellant

For Appellant: Shri Avinash Khandelwal (CA)For Respondent: Ms. Chanchal Meena (Addl.CIT)
Section 292C

The Assistant Commissioner of Income Tax, Circle-1, Visakhapatnam vs. Manchukonda Shyam, Visakhapatnam

In the result, appeal of the revenue as well as the cross objections of the assessee are dismissed

ITA 87/VIZ/2020[2016-17]Status: DisposedITAT Visakhapatnam22 Sept 2020AY 2016-17

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.87/Viz/2020 (निर्धारण वर्ा/Assessment Year:2016-17) Assistant Commissioner Of Vs. Shri Manchukonda Shyam Income Tax Prop : Manchukonda Shyam Central Circle-1 Zaveri, D.No.10-1-27, Visakhapatnam Near Sampath Vinayaka Temple Asilmetta Visakhapatnam [Pan : Afqpm0217A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.14/Viz/2020 (Arising Out Of I.T.A. No.87/Viz/2020) (निर्धारण वर्ा/Assessment Year:2016-17) Shri Manchukonda Shyam Vs. Assistant Commissioner Of Prop : Manchukonda Shyam Income Tax Zaveri, D.No.10-1-27, Central Circle-1 Near Sampath Vinayaka Temple Visakhapatnam Asilmetta, Visakhapatnam [Pan : Afqpm0217A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) रधजस्व की ओर से /Revenue By : Shri D.K.Sonowal, Cit, Dr निर्धाऩरती की ओर से / Assessee By : Shri G.V.N.Hari, Ar सुिवधई की तधरीख / Date Of Hearing : 21.09.2020 घोर्णध की तधरीख/Date Of : 23.09.2020 Pronouncement

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri D.K.Sonowal, CIT, DR
Section 132Section 132(4)