TaxTMI 
TaxTMI 
2017 (6) TMI 727
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....ual filed the return of income on 27.09.2008, by declaring income of Rs. 45,89,180/-. A survey was done in the premises of the assessee on 12.01.2010 and thereafter a statement of the assessee was recorded on 04.02.2010. In his statement, the assessee has allegedly admitted to declare an additional income of Rs. 57,04,205/-. However, in the revised return of income filed on 11.03.2010, the assessee has not honoured the commitment made in his statement recorded on 04.02.2010. Pursuant thereto, the AO has issued a notice proposing to add back an amount of Rs. 38,85,200/- to the income of the assessee. To the said notice, assessee has submitted a reply on 03.12.2010 to the following effect : "I have already submitted a letter and also clarifi....
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....he assessment year 2002-03 but the statement was retracted by the assessee stating that the partner from whom the statement was recorded during the survey operation under section 133A of the Income-tax Act, 1961, was new to the management and had agreed to an ad hoc addition. The Assessing Officer based on the admissions made by the assessee recomputed the assessment. The order was set aside by the Commissioner (Appeals) and this order was upheld by the Tribunal. On appeal to the High Court, the High Court held that in view of the scope and ambit of the materials collected during the course of survey, the action under section 133A would not have any evidentiary value and that it could not be said solely on the basis of the statement given b....
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....e statement recorded on 04.02.2010 to declare an amount of Rs. 57,04,205/- and therefore, the additions made by the authorities below was correct. 08. We have gone through the record and the orders passed by the authorities below. Without going into the merits of the case from a bare reading of the assessment order and the order of the first appellate authority, it is clear that no corroborative evidence was brought on record by the AO to show that the sum of Rs. 20 lakhs was paid as advance towards sale consideration to Shri. Chandre Gowda. Neither the sale deed, nor the statement confirming the receipt of Rs. 20 lakhs as advance, nor any statement from the attesting witnesses to the sale deed were brought on record. Further, there is als....
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....7 of the paper book, then it is clear that the said letter is undated without the PAN, bank account details, husband's name or father's name, or even the address of Smt. Giriyamma. Moreover, if we look into the report filed by the AO dt.27.11.2013, it is clear that Smt. Giriyamma had already expired. Assessee, during the course of proceedings, has not been able to give the date of the confirmation letter, as well as the date of death and merely relied upon the judgment of Hon'ble Supreme Court in S. Khader Khan Son (supra). We would like to point out that the judgment passed by the Courts is not in the nature of statute and can not be blindly applied without ensuring the facts of the present case. In the present case, a sum of Rs. 5 lakhs w....