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| The Tax Publishers2021 TaxPub(DT) 5133 (Ind-Trib) INCOME TAX ACT, 1961
Section 133A
Neither retraction was made nor was it communicated to revenue authorities and the record suggested that no threat or coercion had been exerted during confession statement of assessee. Evidence of testimony could not be wiped out and did not become non-existent and therefore, this evidence could well be utilized to frame assessment. Accordingly, addition made by AO was sustained.
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Survey - Statement recorded during survey - Neither retraction made nor communicated to revenue authorities - No threat or coercion exerted during confession
During the course of survey, it was found that assessee had made the cash payment of Rs. 70,00,000 to the land owners against purchase of land. The date of registry was 22-1-2015 and during the course of survey, it was found that there was no cash available on 22-1-2015. A statement of R.C. Mittal, partner of the firm was recorded, wherein R.C. Mittal admitted an additional income of Rs. 70,00,000 on this account. Therefore, AO made an addition of Rs. 70,00,000. Assessee pleaded that later on the statement was retracted. Held: Neither retraction was made nor was it communicated to revenue authorities and the record suggested that no threat or coercion had been exerted during confession statement of assessee. Evidence of testimony could not be wiped out and did not become non-existent and therefore, this evidence could well be utilized to frame assessment. Accordingly, addition made by AO was sustained.
REFERRED :
FAVOUR : Against the assessee.
A.Y. : 2015-16
INCOME TAX ACT, 1961
Section 69C
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