https://www.taxtmi.com/caselaws?id=34370 A conditional or without prejudice offer cannot sustain an income-tax addition once the source of the jewellery is satisfactorily explained on merits. The Delhi High Court held that an assessee's earlier offer to tax part of the jewellery value, made only to buy peace and avoid litigation, did not amount to an admission creating tax liability. Estoppel does not apply to fasten tax on an amount otherwise not assessable, and section 23 of the Indian Evidence Act supports exclusion of such conditional admissions. The addition for unexplained investment in jewellery was therefore deleted. en-us Tue, 11 Aug 2009 00:00:00 +0530 Mon, 31 Oct 2011 11:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=34370 A conditional or without prejudice offer cannot sustain an income-tax addition once the source of the jewellery is satisfactorily explained on merits. The Delhi High Court held that an assessee's earlier offer to tax part of the jewellery value, made only to buy peace and avoid litigation, did not amount to an admission creating tax liability. Estoppel does not apply to fasten tax on an amount otherwise not assessable, and section 23 of the Indian Evidence Act supports exclusion of such conditional admissions. The addition for unexplained investment in jewellery was therefore deleted. Case-Laws Income Tax Tue, 11 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=34370