Section 132 of the Income Tax Act

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

Section 132 of the Income-tax Act, 1961 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 is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 of the 14,598 judgments on BharatTax that turn on this section.

Leading authorities on Section 132

National Thermal Power Co. Ltd. v. CIT
229 ITR 383 · 1998 · Supreme Court
5,834
citing judgments

Appellate authorities can consider new claims and additional grounds if the relevant facts are already on record. The purpose of assessment is to correctly determine tax liability, allowing both parties to raise issues.

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.

CIT v. Vegetable Products Ltd.
88 ITR 192 · 1973 · Supreme Court
2,664
citing judgments

When two equally plausible interpretations of a taxing provision are possible, or when conflicting views exist from non-jurisdictional High Courts, the interpretation that favors the assessee must be adopted.

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.

CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.
374 ITR 645 · 2015 · High Court
1,823
citing judgments

In Section 153A proceedings, the scope of assessment extends to abated proceedings, enabling an assessee to raise fresh legal claims that could have been made in regular assessment proceedings.

CIT v. Sinhgad Technical Education Society
397 ITR 344 · 2017 · Supreme Court
1,589
citing judgments

For assessments under Section 153C, a notice is legally unsustainable if there is no incriminating material correlated to the specific assessment years for which reassessment is sought.

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

Additions for alleged bogus purchases should be restricted to the profit element, not the entire turnover. The profit element is often estimated at 12.5% of the purported bogus purchases.

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.

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.

Judgments on Section 132

Jams Builsers Pvt. Ltd., Kolkata vs. ACIT, Central Circle 4(2), Kolkata

In the result, the appeal of the assessee is allowed

ITSSA 12/KOL/2025[2010-11]Status: DisposedITAT Kolkata08 Dec 2025AY 2010-11

Bench: Shri Sonjoy Sarmait(Ss)A No.12/Kol/2025 ("नधा"रण वष" / Assessment Year: 2010-11) Jams Builders Pvt. Ltd. Vs Acit, Cc-4(2), Kolkata Alom House, 7B Pretoria Street, Kol-71. Pan No. : Aaacj7205R (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri A K Tibrewal, Fca राज"व क" ओर से /Revenue By : Shri P N Barnwal, Dr सुनवाई क" तार"ख / Date Of Hearing : 09/09/2025 घोषणा क" तार"ख/Date Of Pronouncement : 08/12/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : This Appeal By The Revenue Arises Against The Order Dated 18.11.2024 Of The Cit(A)-27, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed Under Section 250 Of The Income-Tax Act, 1961 (The ‘Act’). 2. Brief Fact Of The Case Are That The Assessee Originally Filed Its Return Of Income Under Section 139 Of The Act For The Assessment Year 2010-11 Declaring Total Income Of ₹5,11,180. A Search & Seizure Operation Under Section 132 Of The Act Was Conducted In The Case Of The Jhunjhunwala Group At Various Premises In Kolkata. During The Course Of Search & Survey, Certain Books Of Accounts, Cash & Jewellery Were Found & Seized From The Business Premises Of Different Concerns Of The Group. In Pursuant To The Search, The Assessee’S Case Was Centralized With The 2 It(Ss)A No.12/Kol/2025

For Appellant: Shri A K Tibrewal, FCAFor Respondent: Shri P N Barnwal, DR
Section 132Section 139Section 153ASection 250Section 68

Golden Goenka Credit Pvt. Ltd., Kolkata vs. Pr. CIT (Central) - 2, Kolkata

In the result, the appeal of the assessee is allowed

ITA 787/KOL/2025[2021-2022]Status: DisposedITAT Kolkata05 Dec 2025AY 2021-2022

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2021-22 Golden Goenka Credit Pvt. Ltd.……..………………….……….……….……Appellant 24 Magma House, 10Th Floor, 24, Park Street, Park Centre, W.B. – 700016.. [Pan: Aaccr3964K] Vs. Pcit (Central) -2, Kolkata…………...…………………….....……...…..…..Respondent Appearances By: Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. P N Barnwal, Cit - Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 11, 2025 Date Of Pronouncing The Order : December 05, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.03.2025 Of The Principal Cit (Central)-2, Kolkata [Hereinafter Referred To As “The Pcit”) Exercising His Revision Jurisdiction U/S 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2021–22. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2021-22 Showing Loss Of Rs.10,36,29,610/- & Deemed Total Income U/S 115Jb Of The Act At Nil. A Search & Seizure Operation U/S 132 Of The Act Was Conducted On 18.12.2021 In The Cases Of Raj Group & Others By Dit(Inv.). The Return Of Income Of The Assessee Was Selected For Scrutiny & After Going Over The Submission Made By The Assessee & Notices U/S 143(2) & Golden Goenka Credit Pvt. Ltd 142(1) Were Issued. However, The Assessing Officer Assessed Total Income Of The Assessee At A Loss Of Rs.10,36,29,610/- & Further Assessed The Income Of Book Profit U/S 115Jb Of The Act As Nil. The Ld. Pcit By Exercising His Revisional Jurisdiction U/S 263 Of The Act Has Found That The Discrepancies On The Following Issues:

Section 115JSection 132Section 133(6)Section 143(2)Section 263

M/S. Chatrachaya Property Holdings Pvt. Ltd., Hyderabad vs. ACIT, CC-1(2), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 1795/CHNY/2025[2019-20]Status: DisposedITAT Chennai05 Dec 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1795/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 M/S. Chatrachaya Property Holdings Vs. The Assistant Commissioner Of Private Limited, Studio N - Sy No. 70, Income Tax/Dc, Narne Nagar, Beside Lanco Hills, Central Circle 1(2), Manikonda, Hyderabad 500 075. Chennai. [Pan:Aafcc4753J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Vinita Shah, Ca (Virtual) ""थ" की ओर से/Respondent By : Shri Shiva Srinivas, Cit सुनवाई की तारीख/ Date Of Hearing : 02.12.2025 घोषणा की तारीख /Date Of Pronouncement : 05.12.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.05.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals) - 18, Chennai For The Assessment Year 2019-20. 2. Besides Challenging The Issue On Merits In Restricting The Addition By The Ld. Cit(A), The Assessee Has Challenged In Invoking The Provisions Of Section 153A Of The Income Tax Act, 1961 [“Act” In Short]

For Appellant: Ms. Vinita Shah, CA (Virtual)For Respondent: Shri Shiva Srinivas, CIT
Section 131Section 132Section 132ASection 153ASection 68