2023 (5) TMI 367

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.... HIRANMAY BHATTACHARYYA For the Appellant.: Mr. Soumen Bhattacharjee, Adv. ... For the Respondent.: Mr. Abhratosh Majumdar, Adv. Mr. Avra Mazumdar,, Adv. Mr. Kausheyo Roy, Adv. Mr.Binayak Gupta, Adv. Mr. Sumon Bhowmick, Adv. Mr. Samrat Das, Adv. ... ORDER The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, (the 'Act' for brevity) is directed against t....

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....nstruction Vs. Assistant Commissioner of Income Tax in Income Tax Appeal No.140/2018, judgment dated 31.08.2018 on the principles that addition was made on the basis of admission of the assessee and reliability, importance and sanctity of admission made during search could be refuted only be cogent and convincing evidence? iii) Whether the Learned Tribunal has committed substantial error ....

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....Tax (Appeals) [CIT(A)] and the learned Tribunal, we find that the assessment was so completed by the assessing officer solely relying upon a statement which was recorded from the assessee on 17th March, 2015. It is not disputed that during the course of search operations, that is, on the last date of authorisation on 21st April, 2015, the assessee had retracted the statement given earlier as well ....

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...., learned standing counsel appearing for the appellant/revenue placed reliance on the decision of the High Court of Punjab and Haryana in the case of Gurdev Agro Engineers, Bhawanigarh vs. Gurdev Agro Engineers, Bhawanigarh, 2016 SCC Online P&H 5506. On going through the facts in the said case, we find that in the said case the CIT(A) affirmed the order passed by the Assessing Officer after not....