Case Law Details
Pr. CIT Vs Roshan Lal Sancheti (Rajasthan High Court)
it must be held that statement recorded under section 132(4) of the Act and later confirmed in statement recorded under section 131 of the Act, cannot be discarded simply by observing that the assessee has retracted the same because such retraction ought to have been generally made within reasonable time or by filing complaint to superior authorities or otherwise brought to notice of the higher officials by filing duly sworn affidavit or statement supported by convincing evidence. Such a statement when recorded at two stages cannot be discarded summarily in cryptic manner by observing that the assessee in a belatedly filed affidavit has retracted from his statement. Such retraction is required to be made as soon as possible or immediately after the statement of the assessee was recorded. Duration of time when such retraction is made assumes significance and in the present case retraction has been made by the assessee after almost eight months to be precise, 237 days. Therefore, statement when recorded at two stages could not be discarded summarily in cryptic manner and AO was justified in making addition.
FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT
This income tax appeal pertaining to assessment year 2013-14 under section 260A of the Income Tax Act, 1961 has been filed by the appellant-revenue assailing judgment dated 15-9-2017 passed by the Income Tax Appellate Tribunal, Jaipur Bench, Jaipur (for short ‘the Tribunal’) whereby the appeal filed by the respondent-assessee was allowed and appeal filed by the appellant was dismissed.
This appeal was admitted by this Court vide Order, dt. 10-4-2018 on the following substantial question of law :–
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