Section 132A of the Income Tax Act

Income-tax Act, 2025: ss.248, 251

Section 132A of the Income-tax Act, 1961 corresponds to section 248 (Powers to requisition) 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 248 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 132A is CIT v. Kabul Chawla (380 ITR 573), cited in 3,235 of the 569 judgments on BharatTax that turn on this section.

Leading authorities on Section 132A

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.

Pr. CIT v. Saumya Constructions (P.)Ltd.
387 ITR 529 · 2016 · High Court
670
citing judgments

Assessments under Section 153A cannot be sustained without any incriminating material found during the search that substantiates the additions. This principle applies even to completed assessments where no additional income is disclosed.

CIT v. Gurinder Singh Bawa
386 ITR 483 · 2016 · High Court
416
citing judgments

If no incriminating material is found during a search operation regarding a particular issue, then no addition can be made concerning that issue in an assessment under section 153A of the Income-tax Act.

CIT v. IBC Knowledge Park (P.) Ltd.
385 ITR 346 · 2016 · High Court
371
citing judgments

A statement made by an assessee under Section 131 during search proceedings, without any corroborating incriminating material found during the search, cannot solely constitute incriminating evidence for making additions in assessments under Section 153A or 153C.

Navnitlal C. Javeri v. K.K. Sen
56 ITR 198 · 1965 · Supreme Court
230
citing judgments

The Supreme Court holds that circulars issued by the Central Board of Direct Taxes (CBDT) are binding on all officers and persons employed in the execution of the Income-tax Act. These circulars are binding even if they deviate from the provisions of the Act, particularly when issued to relieve hardships.

Keshavji Ravji and Co. v. CIT
82 ITR 913 · 1971 · Supreme Court
209
citing judgments
Saksham Commodities Ltd. v. Income Tax Officer
161 Taxmann.com 485 · 2024 · High Court
196
citing judgments

Recording satisfaction under Section 153C for initiating proceedings against a third person is not a mechanical exercise; it requires a finding that seized material has a direct bearing on the third person's income, and improper satisfaction vitiates the assessment. Abatement under the second proviso to Section 153A is an inevitable consequence of a search, irrespective of the Assessing Officer's opinion on the material's impact.

Pr. CIT v. Sunrise Finlease P. Ltd.
89 Taxmann.com 1 · 2018 · High Court
120
citing judgments
CIT v. Hotel Savera
239 ITR 795 · 1999 · High Court
119
citing judgments

When an assessee has sufficient interest-free own funds available to make interest-free advances or investments, it is presumed that such advances or investments are made from these interest-free funds, thereby preventing the disallowance of interest expenditure under Section 36(1)(iii).

Gurinder Singh Bawa v. DCIT
28 Taxmann.com 328 · 2012 · ITAT
99
citing judgments

Judgments on Section 132A

Varathsingh Jai Singh, Coimbatore vs. DCIT, Central Circle-1, Coimbatore

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 772/CHNY/2023[2015-16]Status: DisposedITAT Chennai02 Jan 2024AY 2015-16

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. Nos.769, 771 & 772/Chny/2023 िनधा"रण वष"/Assessment Years: 2012-13, 2014-15 & 2015-16 Varathsingh Jai Singh, Vs. The Deputy Commissioner Of 128, 5Th Street, Cross Cut Road, Income Tax, Gandhipuram, Coimbatore 641 012. Central Circle I, Coimbatore. [Pan: Akhpj5413H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri V. Nandakumar, Cit सुनवाई की तारीख/ Date Of Hearing : 02.01.2024 घोषणा की तारीख /Date Of Pronouncement : 02.01.2024 आदेश /O R D E R Per V. Durga Rao: These Three Appeals Filed By The Assessee Are Directed Against Separate The Orders Of The Ld. Commissioner Of Income Tax (Appeals) 16, Chennai, All Dated 30.03.2023 Relevant To The Assessment Years 2012-13, 2014-15 & 2015-16. 2. The Appeals Filed By The Assessee Are Delayed By 30 Days In Filing The Appeal, For Which, The Assessee Has Filed Petitions For Condonation Of The Delay In Support Of An Affidavit, To Which; The Ld. Dr Has Not Raised Any 2

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri V. Nandakumar, CIT
Section 131(1)Section 132ASection 143(3)Section 153A

Varathsingh Jai Singh, Coimbatore vs. DCIT, Central Circle-1, Coimbatore

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 771/CHNY/2023[2014-15]Status: DisposedITAT Chennai02 Jan 2024AY 2014-15

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. Nos.769, 771 & 772/Chny/2023 िनधा"रण वष"/Assessment Years: 2012-13, 2014-15 & 2015-16 Varathsingh Jai Singh, Vs. The Deputy Commissioner Of 128, 5Th Street, Cross Cut Road, Income Tax, Gandhipuram, Coimbatore 641 012. Central Circle I, Coimbatore. [Pan: Akhpj5413H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri V. Nandakumar, Cit सुनवाई की तारीख/ Date Of Hearing : 02.01.2024 घोषणा की तारीख /Date Of Pronouncement : 02.01.2024 आदेश /O R D E R Per V. Durga Rao: These Three Appeals Filed By The Assessee Are Directed Against Separate The Orders Of The Ld. Commissioner Of Income Tax (Appeals) 16, Chennai, All Dated 30.03.2023 Relevant To The Assessment Years 2012-13, 2014-15 & 2015-16. 2. The Appeals Filed By The Assessee Are Delayed By 30 Days In Filing The Appeal, For Which, The Assessee Has Filed Petitions For Condonation Of The Delay In Support Of An Affidavit, To Which; The Ld. Dr Has Not Raised Any 2

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri V. Nandakumar, CIT
Section 131(1)Section 132ASection 143(3)Section 153A

Varathsingh Jai Singh, Coimbatore vs. DCIT, Central Circle-1, Coimbatore

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 769/CHNY/2023[2012-13]Status: DisposedITAT Chennai02 Jan 2024AY 2012-13

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. Nos.769, 771 & 772/Chny/2023 िनधा"रण वष"/Assessment Years: 2012-13, 2014-15 & 2015-16 Varathsingh Jai Singh, Vs. The Deputy Commissioner Of 128, 5Th Street, Cross Cut Road, Income Tax, Gandhipuram, Coimbatore 641 012. Central Circle I, Coimbatore. [Pan: Akhpj5413H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri V. Nandakumar, Cit सुनवाई की तारीख/ Date Of Hearing : 02.01.2024 घोषणा की तारीख /Date Of Pronouncement : 02.01.2024 आदेश /O R D E R Per V. Durga Rao: These Three Appeals Filed By The Assessee Are Directed Against Separate The Orders Of The Ld. Commissioner Of Income Tax (Appeals) 16, Chennai, All Dated 30.03.2023 Relevant To The Assessment Years 2012-13, 2014-15 & 2015-16. 2. The Appeals Filed By The Assessee Are Delayed By 30 Days In Filing The Appeal, For Which, The Assessee Has Filed Petitions For Condonation Of The Delay In Support Of An Affidavit, To Which; The Ld. Dr Has Not Raised Any 2

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri V. Nandakumar, CIT
Section 131(1)Section 132ASection 143(3)Section 153A