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

M/S Mafatlal Mangilal Kothari, Mumbai vs. The Asstt. CIT Circle 19(1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5897/MUM/2025[2020-21]Status: DisposedITAT Mumbai05 May 2026AY 2020-21

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The ACIT Circle 19 (1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5896/MUM/2025[2019-20]Status: DisposedITAT Mumbai05 May 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The ACIT Circle 19(1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5895/MUM/2025[2016-17]Status: DisposedITAT Mumbai05 May 2026AY 2016-17

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The ACIT Circle 19(1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5894/MUM/2025[2017-18]Status: DisposedITAT Mumbai05 May 2026AY 2017-18

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250