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Retraction of statement given during survey - evidentiary value...

Tribunal Upholds Initial Findings; Adjusts Gross Profit Rate Amid Claims of Coercion and Survey Conduct Issues.

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Income Tax April 25, 2024 Case Laws AT
Retraction of statement given during survey - evidentiary value of statement recorded u/s 131 - Despite the retraction, the initial findings of the CIT(A) were largely upheld, as the tribunal found no concrete evidence supporting the assessee's claims of coercion, aside from the letter of retraction and an affidavit. The assessee was found to have unexplained excess cash and stock discrepancies. The Tribunal noted the lack of complete physical verification of stock during the survey but ultimately confirmed the addition, adjusting the gross profit rate applied from 10% to 8.02%, acknowledging some merit in the assessee's submissions regarding the survey’s conduct.

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Acts Income Tax