2015 (11) TMI 1433

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....ction 143(3) of the Income Tax Act, 1961, in short 'the Act'. 2. The assessee firm is in land development business. The department conducted a survey in its group case on 9.3.2005. Its partner Shri Nitin V. Kopikar got recorded his statement allegedly admitting additional incomes in the shape of unaccounted land development expenses of Rs. 20 lacs and excess cash found in the course of survey to the tune of Rs. 6.23 lacs. The assessee filed its return on 31.12.2005 declaring total income of Rs. 1,06,094/- only. The Assessing Officer took up scrutiny. He sought for the reasons of non disclosure of the abovestated amount totaling to Rs. 26.23 lacs as income with the return. 3. The assessee filed reply. It referred to its partner's state....

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.... himself stated on oath during the course of survey in his statement recorded had declared unaccounted development expenses and excess cash aggregating to Rs; 26,23,000/- as undisclosed income. Since the declaration was made by the partner of the appellant firm voluntarily and with application of his mind after having looked at the notings on the loose leafs and the declaration under a specific head development expenses was made and that any retraction after 21 months from what has been stated on oath is an afterthought and same is not justified. Secondly, it has not been established by the assessee that the statement was recorded under duress at the time of survey. After considering these facts, it is established that the appellant had in ....

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....on 11-02-2014 after framing substantial question of law. 5. We have heard both sides and perused the case file. Relevant facts already narrated in preceding paragraphs are not repeated for the sake of brevity. Both the authorities below have strongly relied upon survey statement of assessee's partner Shri Nitin Kopikar whilst making the impugned additions totaling to Rs. 26.23 lacs. There is no supportive material quoted either in the course of assessment or in lower appellate order. The latter order runs into 19th full fledged pages out of which pages 5 to 19 highlight lacks of evidence, any incriminating material, survey statement being obtained in coercion etc. The CIT(A) brushes all of them aside by a single stroke without adverting ....