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Income confessed as undisclosed during survery cannot be assessed : ITAT Mumbai
Case Law Details
- Case Name
- DCIT vs. M/s Premsons (ITAT Mumbai)
- Courts
- All ITAT, ITAT Mumbai
DCIT vs. M/s Premsons (ITAT Mumbai)
Where during a survey, the assessee surrendered an amount of Rs. 29 lakhs towards “any other discrepancy” but later retracted from the same and the question arose whether the assessee could be assessed despite the said retraction,
HELD:
(a) While conducting a survey u/s 133A the department has no power to examine any person on oath. Consequently, such a statement has no evidentiary value and no addition can be made solely on the basis of such statement;
(b) The CBDT is not oblivious of the practice of obtaining forced confessions and accordingly ...
