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Income Tax

Change in original statement cannot be relied unless supported by evidences

Case Law Details

TaxGuru Citation
2015 taxguru.in 836
Case Name
Parayil Balan Nair Vs CIT (Kerala High Court at Ernakulam)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2008-09
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Brief of the case:

The Hon’ble Kerala High Court in the case of Parayil Balan Nair vs. CIT held that the change in statement made by a party on whose original statement the notice was issued to assessee cannot be relied without proper reasoning produced in support of such change.

Facts of the case:

  • The case of the assessee was opened by Income Tax Department based on letter received from Mr. K.C Basheer who in his letter informed that he had paid a sum of Rs.15,00,000/- to the assessee on behalf of his brother Sri. K.C. Usman, a non-resident Indian doing business in Dubai.
  • He further confirmed that the said amount was paid to assessee in cash and in support of the same he enclosed a copy of his Saving Bank A/c from which the required funds were withdrawn.
  • Based on the letter notice was issued by Add. CIT u/s 274 r.w 271D to assessee stating that he had accepted loan in contravention of provisions of Sec 269SS , therefore, why penalty u/s 271D should not be imposed.
  • Assessee in his reply submitted that the amount of Rs. Lacs received was not a loan rather only an advance received in connection with the sale of a property.
  • Along with his reply he also enclosed a clarificatrory letter from the same Mr. Basheer who informed the department about the loan transaction. Mr. Basheer clarified that it was not actually a loan but was only a property advance.
  • Finally, the order was passed levying the penalty u/s 271D equivalent to the loan amount.
  • Assessee challenged such order before CIT(A) , who decided the appeal in favour of assessee on the ground that the transaction in question is not a loan or deposit and that therefore Section 269SS is not attracted.
  • In appeal before tribunal , the order of CIT(A) and penalty order was restored. Tribunal decided the case in favour of assessee because the change in statement by Mr. Basheer was not reliable and was a planned U-turn to save assessee from penalty proceedings.
  • The assessee again challenged the order of tribunal before Kerala HC.

Contention of Assessee:

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Author Info

CA Saurabh Chokhra
Qualification: CA in Job / Business
Location: Hyderabad, Telangana
Articles Published: 243

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