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Issue ID: 119044
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statement u/s 132(4) against third party

Date 25 Mar 2024
Replies 2 Replies
Views 936 Views
Admissibility of raid statements may determine whether a purchaser's cheque payment claim rebuts an alleged cash transaction.
A raid produced a recorded statement relied on by the department to allege a purchaser paid cash for a flat; the purchaser denies cash payment, asserting cheque payment. The issue is whether and how a raid recorded statement may be used against a third party purchaser and what case law and materials address the evidentiary weight of such statements versus documentary payment proof. (AI Summary)

Raid was conducted at unit, the statement recorded u/s 132(4) by dept is used against third party. The third party is denying the statement. What case laws or material available on TMI to defend the case.

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Replied on Mar 26, 2024
1.

Please give the details of the case to me so as to render my opinion, if required along with decided case laws;

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Replied on Apr 2, 2024
2.

Thanks Sir. Raid was conducted at unit selling flats. The statement recorded u/s 132(4) by dept, is used against the third party who had purchased the flat by chq payment only. Now dept is alleging cash payment made by purchaser. The purchaser is denying cash payment. What case laws and study material available on TMI .

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