Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

ITAT Deletes Tax Additions Based on Uncorroborated Dumb Diaries & Retracted Statements

Case Law Details

TaxGuru Citation
2025 taxguru.in 9748
Case Name
Estate Investment Company Pvt. Ltd. Vs DCIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
Advertisement

Estate Investment Company Pvt. Ltd. Vs DCIT (ITAT Mumbai)

“Dumb Diaries Can’t Create Tax Liability” – ITAT Deletes Additions Based on Uncorroborated Search Notings & Retracted Statements

Assessee faced search &  survey operations on 07.10.2021. Diaries &  loose sheets maintained by an employee (PKS) were found, containing rough cash entries allegedly related to NOC receipts for release of rights in Eksali lands &  other cash dealings. AO treated diary entries as conclusive evidence & , based on statements of PKS, NKS &  KB recorded u/s 132(4), made huge additions towards capital gains &  unexplained cash u/s 69A across multiple years.

Assessee argued that the diaries were personal rough notings, not part of books of account, full of duplications &  illegible entries, &  not maintained under company direction. Both PKS &  NKS retracted their statements explaining that entries were rough &  unverified. No corroborative evidence or independent verification of parties mentioned in the diaries was made by AO.

CIT(A) gave partial relief by deleting additions on non-KB entries u/s 69A &  correcting computational mistakes, but confirmed additions of ₹4.96 Cr as capital gains &  ₹2.50 lakh u/s 69A.

Before ITAT, Assessee raised both legal &  factual grounds. On merits, ITAT held that statements of PKS &  NKS were inconsistent &  retracted, diaries were personal &  uncorroborated, &  AO failed to summon any parties, conduct verification, or apply independent mind. Presumption u/s 132(4A) does not apply, as diaries were not found from the Assessee but from employee. Entries were “dumb documents” &  could not form basis of addition. Therefore, additions of ₹4.96 Cr (capital gains) &  ₹2.50 lakh (u/s 69A) were deleted.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.