TaxTMI 
TaxTMI 
2016 (11) TMI 1308
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....801/- in respect of amount of Rs. 15 lakhs, which was offered for taxation conditionally. 3. The ld.counsel for the assessee, at the very outset, submitted that an identical issue was heard in the Division Bench in the case of ITA No.81 & 82/Ahd/2012 dated 6.9.2016 and outcome of those appeals is to be followed in the present appeal. The ld.DR was unable to controvert this contention of the ld.counsel for the assessee. 4. I find that Division Bench has decided those appeals vide order dated 6.9.2016. The order reads as under: " 1. ITA Nos.81 & 82/Ahd/2012 are appeals by two different Assessees directed against the order of Ld. CIT(A)-II, Ahmedabad dated 18.10.2011 pertaining to A.Y. 2009-10. 2. As common grievance is....
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....ncome to register the claim 1 Manish Packaging Pvt.Ltd. (Including cash adjusted of Rs. 32.50 lacs) 2009- 10 Company 1,75,00,000 27,00,000 1,48,00,000 2 Kanaiyalal B. Patel 2009- 10 Individual 10,00,000 -- 10,00,000 3 Vasantiben K. Patel 2009- 10 Individual 15,00,000 -- 15,00,000 4 Manish K. Patel 2009- 10 Individual 25,00,000 -- 25,00,000 Total 2,25,00,000 27,00,000 1,98,00,000 7. While filing the aforementioned chart, the assessees specifically stated that the aforementioned chart may also be treated for registering retraction of the preliminary d....
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....ere should be focus and concentration on collection of evidence of income which leads to information on what has not been disclosed or is not likely to be disclosed before the income-tax departments, similarly, while recording statement during the course of search and seizures and survey operations no attempt should be made to obtain confession as to the undisclosed income. Any action on the contrary shall be viewed adversely. Further, in respect of pending assessment proceedings also, assessing officers should rely upon the evidences / materials gathered during the course of search / survey operations or thereafter while framing the relevant assessment orders 11. If the facts of the cases in hand are to be considered in t....
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....h. And that the same had gone un-rebutted for want of tangible evidence. Retraction time period of 11 months was held to be based on legal advice only. The Assessing Officer took into account all these conclusions for rejecting assesee's retraction qua the impugned sum of Rs. 1.48 lacs and held that the entire sum of Rs. 1.75 crores (supra) was its unaccounted income. 9. The CIT(A) has upheld the Assessing Officer's action under challenge. 10. The learned authorized representative invites our attention to the above extracted statement for terming the same as a conditional disallowance and not a categoric one. He submits that the same lacks any supportive evidence as well i.e. the four basic ingredients of the conce....
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....cific incriminating evidence during search to Shri Patel. Nor is there any question in this regard. It accordingly reiterates its earlier submissions. 13. We have heard both the parties. Case records and judicial precedents stand perused. We come to admitted facts first. The department commenced the impugned search operation in assessee's business preemies. And concluded the same on 03-10-2008. This time span of 10 days involves four statements being obtained from Shri Patel (supra) inter alia disclosing unaccounted business income of Rs. 2.25 crores along with deemed dividend of Rs. 4 crores. We have extracted relevant portions thereof in preceding paragraphs. The same do not reveal any specific incrimi....
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....the said disclosures. We find that their lordships accepted retraction since the statement was recorded in very much odd hours. It has been held thereafter that the additions in question are not sustainable since no material evidence supporting the same are forthcoming. It is further evident that this case law pertains to a search conducted well before the Board's circular (supra) quoted therein. When we apply this ratio vis-a- vis facts before us, it is apparent that there is no incriminating material or evidence available with the Revenue which could support the impugned addition. 15. The next case law is DCIT vs. Shri Vivekanand Sharma ITA 1748/Kol/2012 decided on 01-08-2014. This search is dated 26-023- 2010 followed a disc....