Section 132(4A) of the Income Tax Act

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

Section 132(4A) 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(4A) is Society v. UOI (394 ITR 220), cited in 493 of the 580 judgments on BharatTax that turn on this section.

Leading authorities on Section 132(4A)

Society v. UOI
394 ITR 220 · 2017 · Supreme Court
493
citing judgments

Uncorroborated loose papers or documents found during a search operation have no evidentiary value and cannot be the sole basis for determining undisclosed income. Additions based on such material require independent evidence to establish trustworthiness and a direct link to the assessee.

CBI v. V.C. Shukla
3 SCC 410 · 1998 · Supreme Court
442
citing judgments

Loose sheets of paper, excel sheets, or diaries, often referred to as 'dumb documents,' are wholly irrelevant as evidence and not admissible under Section 34 of the Evidence Act if they lack evidentiary value. Additions to income cannot be made solely based on such documents without corroborating, reliable, and admissible evidence supported by other circumstances.

Mumbai), DCIT v. Vipin Aggarwal
82 ITD 85 · 2002 · ITAT
237
citing judgments

Evidence corroborating entries of payments or loan/interest advancements found in seized material from a third party must specifically show the actual transfer of money from the third party to the recipient to be admissible.

CIT v. SMC Share Brokers Ltd.
288 ITR 345 · 2007 · High Court
181
citing judgments

An Assessing Officer cannot make an adverse assessment based solely on the statement of a third party if that party refuses to be cross-examined by the assessee and no other corroborating material exists.

Principal Commissioner Income Tax, Central-2 v. Umesh Ishrani
108 Taxmann.com 437 · 2019 · High Court
168
citing judgments

An addition to income cannot be made solely based on entries in loose papers found during a search without conducting any independent inquiry or verification from the alleged seller or developer. Reliance solely on digital records without corroborative evidence is insufficient for an addition.

CIT v. Maulikkumar K. Shah
307 ITR 137 · 2008 · High Court
166
citing judgments

Additions on account of on-money receipts cannot be justified solely based on loose papers or 'sauda-chithis' without evidence of actual payment or a clear indication of a completed transaction within those documents.

CIT v. Sant Lal
118 Taxmann.com 432 · 2020 · High Court
154
citing judgments

An addition to income cannot be made solely on the basis of entries in a diary seized from a third party if the diary is not found in the assessee's premises, not in the assessee's handwriting, and the revenue fails to provide corroborative evidence linking the assessee to the diary.

CIT, Delhi v. D.K. Gupta
174 Taxmann 476 · 2008 · High Court
147
citing judgments
Addl. CIT v. Miss Lata Mangeshkar
97 ITR 696 · 1974 · High Court
145
citing judgments

An addition to income cannot be made solely based on documents or material found from a third party's premises unless the Assessing Officer conducts an independent investigation, examines the third party, and establishes a clear link between the material and the assessee.

Anupam Tele Services v. ITO
366 ITR 122 · 2014 · High Court
124
citing judgments

Section 40A(3) disallowances are not absolute; genuine and bonafide cash payments, where the payee's identity is established and business expediency is proven, fall outside its scope, as the section's purpose is to curb unaccounted money, not disallow genuine expenditure.

Judgments on Section 132(4A)

ACIT, Central Circle-8 vs. Goldy Medicos India Pvt. Ltd

In the result, IT(SS)A No

ITSSA 184/DEL/2005[01.04.95 to 21.03.02]Status: DisposedITAT Delhi23 Mar 2023

Bench: Shri C.M. Garg & Dr. B.R.R. Kumarit(Ss)A No.142/Del/2005 Block Assessment Period: 01.04.1995 To 21.03.2002 Goldy Medicos (India) Pvt. Ltd., Vs. Acit, 15/114, Geeta Colony, Central Circle-8, Delhi – 110 031. New Delhi. Pan: Aaacg4426F It(Ss)A No.184/Del/2005 Block Assessment Period: 01.04.1995 To 21.03.2002 Acit, Vs. Goldy Medicos (India) Pvt. Ltd., Central Circle-8, 15/114, Geeta Colony, New Delhi. Delhi – 110 031. Pan: Aaacg4426F (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate & Shri Deepesh Garg, Advocate Revenue By : Shri P. Praveen Sidharth, Cit-Dr Date Of Hearing : 16.02.2023 Date Of Pronouncement : 23.03.2023 Order Per C.M. Garg: These Are Cross Appeals Filed By The Assessee & The Revenue & Are Directed Against The Order Dated 31.01.2005 Of The Cit(A)-Ii, New Delhi, Relating To Block Assessment Period 01.04.1995 To 21.03.2002. It(Ss)A No.142/Del/2005 It(Ss)A No.184/Del/2005 It(Ss)A No.142/Del/2005 (By The Assessee) 2. The Grounds Of Appeal No. 5 & 6 Are General In Nature Which Requires No Adjudication. The Remaining Four Effective Grounds Read As Under:- “1. That The Ld Cit (A) Has Erred On Facts & In Law In Confirming An Addition Of Rs.1,54,920/- On The Basis Of Entries On A Loose Paper. 2. That The Ld Cit (A) Has Erred On Facts & In Law In Confirming An Addition Of Rs. 35,600/- On The Basis Of A Slip Of M/S Chawla Jewellers Which Is An Estimate Given By The Jeweller. 3. That The Ld. Cit (A) Has Eared On Facts & In Law In Confirming An Addition Of Rs. 4,96,795/- On The Basis Of Entries Made On Page Nos. 1 To 7 Of Annexure A3 Regarding The Documents Seized During The Course Of Search. 4. That The Ld. Cit (A) Has Eared On Facts & In Law In Confirming An Addition Of Rs. 3,86,904/- As Investment In Unaccounted Stock.”

For Appellant: Dr. Rakesh Gupta, Advocate &For Respondent: Shri P. Praveen Sidharth, CIT-DR

Goldy Medicos (India) Pvt. Ltd vs. ACIT, Circle-8

In the result, IT(SS)A No

ITSSA 142/DEL/2005[01.04.95 to 21.03.02]Status: DisposedITAT Delhi23 Mar 2023

Bench: Shri C.M. Garg & Dr. B.R.R. Kumarit(Ss)A No.142/Del/2005 Block Assessment Period: 01.04.1995 To 21.03.2002 Goldy Medicos (India) Pvt. Ltd., Vs. Acit, 15/114, Geeta Colony, Central Circle-8, Delhi – 110 031. New Delhi. Pan: Aaacg4426F It(Ss)A No.184/Del/2005 Block Assessment Period: 01.04.1995 To 21.03.2002 Acit, Vs. Goldy Medicos (India) Pvt. Ltd., Central Circle-8, 15/114, Geeta Colony, New Delhi. Delhi – 110 031. Pan: Aaacg4426F (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate & Shri Deepesh Garg, Advocate Revenue By : Shri P. Praveen Sidharth, Cit-Dr Date Of Hearing : 16.02.2023 Date Of Pronouncement : 23.03.2023 Order Per C.M. Garg: These Are Cross Appeals Filed By The Assessee & The Revenue & Are Directed Against The Order Dated 31.01.2005 Of The Cit(A)-Ii, New Delhi, Relating To Block Assessment Period 01.04.1995 To 21.03.2002. It(Ss)A No.142/Del/2005 It(Ss)A No.184/Del/2005 It(Ss)A No.142/Del/2005 (By The Assessee) 2. The Grounds Of Appeal No. 5 & 6 Are General In Nature Which Requires No Adjudication. The Remaining Four Effective Grounds Read As Under:- “1. That The Ld Cit (A) Has Erred On Facts & In Law In Confirming An Addition Of Rs.1,54,920/- On The Basis Of Entries On A Loose Paper. 2. That The Ld Cit (A) Has Erred On Facts & In Law In Confirming An Addition Of Rs. 35,600/- On The Basis Of A Slip Of M/S Chawla Jewellers Which Is An Estimate Given By The Jeweller. 3. That The Ld. Cit (A) Has Eared On Facts & In Law In Confirming An Addition Of Rs. 4,96,795/- On The Basis Of Entries Made On Page Nos. 1 To 7 Of Annexure A3 Regarding The Documents Seized During The Course Of Search. 4. That The Ld. Cit (A) Has Eared On Facts & In Law In Confirming An Addition Of Rs. 3,86,904/- As Investment In Unaccounted Stock.”

For Appellant: Dr. Rakesh Gupta, Advocate &For Respondent: Shri P. Praveen Sidharth, CIT-DR