2025 (9) TMI 829

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.....02.2023 and the appeal for AY 2019-2020 arises from the Ld. CIT(A) order dated 28.02.2023. Since, the issues are inter-connected, these appeals are being dealt with through a single order. 1.1 The brief facts are that in this case a survey was conducted on the business premises of the assessee on 06.03.2019. During the course of survey, the assessee had disclosed following income: SL No. Additional Income disclosed voluntarily during the course of survey on 06-03-2019 Assessment Year Disclosure made on account of 1 75,00,000 2017-18 Bogus Sub Contract Payment claimed Total 75,00,000     1 20,00,000 2018-19 Bogus Sub Contract Payment claimed 2 10,00,000 2018-19 Investm....

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.... before the ITAT with the following grounds: ITA No. 73/Gty/2023 (AY 2017-18) "1. On the facts and circumstances of the case, the Ld. CIT(A) has erred in deleting the addition to the tune of Rs. 75,00,000/- by stating that Assessing Officer should not rely solely upon the statements or confessions taken during the Survey, which do not serve any useful purpose. In this regard, the statement of the assessee is to be treated as incriminating documents for the purpose of addition in the assessment order. 2. On the facts and circumstances of the case, the Ld. CIT(A) has erred in deleting the addition by accepting the retraction of statement recorded by the assessee by not taking into consideration of below mentioned cases: ....

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....even the fact of retraction of statement may not have been before the Ld. AO since there is nothing on record, as per the Ld. AO's order, to indicate any such knowledge on the part of the Ld. AO. The Ld. DR further argued that rather than explaining the reasons for disclosure made during the survey operation and even explaining why that statement under oath was not reflective of the exact state of affairs and therefore, needed to be retracted, the assessee's case has been dealt with favourably by the Ld. CIT(A) for both of the years. The Ld. DR further stated that in case the assessee had cooperated during the course of assessment proceedings then perhaps his correct income could have been determined by the Ld. AO. 2.1 Per contra, the Ld....