2019 (3) TMI 1157

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....al: - 1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 1 crore made by the AO on account disclosure during the survey proceedings as the assessee had offered additional income of Rs. 1 crore from merchant trading from China to USA and income from wind turbine at Tamilnadu in his statement recorded on oath u/s. 133A and retraction of the assessee from the sworn in statement was an afterthought.' 2. On the facts and the circumstances of the case, and in law, the Ld. CIT(A) erred in restricting the disallowance made u/s. 14A at Rs. 5,64,729/- comprising of interest expenses of Rs. 4,69,401/- under Rule 8D(2)(ii) and administrative expenses of Rs. 95,328/....

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....onse to question no.4 put to the director of the assessee, the assessee offered additional income of Rs. 1 Crore to account for income from merchant trading from China to USA and income from wind turbine project at Tamil Nadu. On the basis of the same, Ld. AO proceeded to add the same to the income of the assessee since the same was not reflected separately in the return of income filed by the assessee. 2.4 The assessee defended its stand vide rely dated 18/03/2015 by submitting that the same was purely adhoc disclosure and the income & expenses relating to merchant trading activities as well as turbine project was properly recorded in the books of accounts and therefore, further addition / disclosure, on that account, was not required. ....

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....n the impugned order, we dismiss this ground of revenue's appeal. 5.1 So far as the addition of Rs. 1 Crore is concerned, the assessee agitated the same before first appellate authority vide replies dated 22/08/2016 & 31/07/2017 wherein the assessee, inter-alia, contended that the sale and purchase transactions from merchant trading activity were duly reflected in the books of accounts and the concerned receipts as well as payments were through banking channels. Regarding wind-turbine project, it was submitted that the assessee generated and sold energy aggregating to Rs. 11.98 Lacs to Tamil Nadu State Electricity Board which was also reflected in the books of accounts under the head Sale of energy and therefore, no further addition, ....

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....rt as confirmed by Hon'ble Apex Court vide its decision reported in 352 ITR 480. Finally, the additions were deleted by making following observations: - 60. As stated earlier, no incriminating evidences were detected either during the course of the survey or the assessment proceedings with regard to the merchant trading activity and the wind turbine project of the appellant. The addition was made by the A.O. relying solely on the statement recorded during the course of survey. As held by the Hon'ble Supreme Court and Hon'ble Madras High Court in the case of S.Khader Khan & Sons (supra) and the Hon'ble Mumbai ITAT in the case of Premsons (supra), the statement recorded during the survey does not have any evidentiary valu....