Statement recorded u/s 133A during survey, cannot be taken as evidence to make addition to income

The brief facts of the case are that the assessee is engaged in the business of running a petrol pump and rice trading. It has filed his return of income on 30-09-2009 declaring total income of Rs.22,24,550. A survey u/s. 133A of the I.T Act 1961 was carried out at the business premises of the assessee on 24-03-2009. During the survey, statement of the assessee was recorded u/s.133A as well as u/s.131 of the I.T Act 1961. According to the AO, during the course of survey, the assessee has disclosed an income of Rs. 23 lakhs, but he failed to include this income in his return. The ld.AO has repr...