2024 (9) TMI 1855

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....he order of the Learned Assistant Commissioner of Income-tax, Central Circle 3,Thane, order passed under section 144 of the Act, date of order 08/09/2021. 2. The assessee has taken the following grounds: - "GROUND I: - On the facts and in the circumstances of the case, the Commissioner of Income Tax (Appeals)-11 Pune (hereinafter referred to as "CIT(A)") has erred in confirming the addition of Rs. 72,93,493/- being the alleged suppressed sales declared as an additional income in the statement recorded u/s 133A in spite of the fact that the appellant had retracted the said declaration made under pressure, duress and force. While doing so: - The CIT(A) failed to appreciate an additional income offered based on....

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....fact in question No.15 of the recorded statement dated 06/02/2020. But later on, the partner, Mr. Talha A Mukhi has retracted the statement on 09/03/2020, i.e. within one month. Accordingly, the partner of the assessee filed an affidavit with the retracted statement. The assessee declared the turnover amount to Rs. 3,94,39,103/- and the accounts are audited undersection 44AB of the Act in impugned assessment year. In assessment proceedings, the Ld.AO added the suppressed turnover amount to Rs. 72,93,493/- and the gross total turnover worked out to Rs. 4,67,32,596/-. But the ld. AO, rejected the turnover, declared by the assessee and impugned amount was added back with the total income of the assessee. Finally, the assessment order was frame....

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....the filling of return of income for A.Y. 2019-20, a survey u/s 1334 of the Act was conducted on the appellant's premises on 05.02.2020.During the survey operation, documents containing month-wise actual sales were found and it was noticed that the actual sales made by the appellant during FY2018-19 were higher than the sales recorded in the books of accounts. The said documents were confronted with the partner of the firm who admitted the suppression of sales and declared an additional income of Rs. 72,93,493/- on account of such suppression of sales during AY 2019-20. The relevant portion of the statement of Shri Talhi Abbas Mukhi, recorded during the survey is reproduced as under:- Q.15 On perusal of pages of bundle not marke....

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....aken care of by any of the authorities below. The ld.AR relied on the order of Hon'ble Kerala High Court in the case of Paul Mathews &Sons vs CIT (2003) 263 ITR 101 (Ker) for the proposition that where there is no Incriminating found during the course of survey operations, the confessional statement does not have any evidentiary value. He further relied on the judgement of the Hon'ble Apex Court in CIT vs. S. Kader Khan & Sons (2012) 25taxmann.com 413 (SC) in which it was highlighted that the statement recorded under section 133A of the Act was not an oath and would have, at best, corroborative value. The Ld. AR finally placed that the assessee offered net profit during the impugned assessment year @8.14% on Sales. The assessee normally mai....