Addition not maintainable on the basis of mere statement recorded during survey

Rohitaswa Das Vs ACIT (ITAT Kolkata)

Hon’ble High Court of Madras in the case of CIT vs. S. Khader Khan and Son which held the statements recorded u/s 133A of the Act does not give any evidentiary value as the officer is not authorized to administer oath and to take any sworn statement which alone has evidentiary value as contemplated under law. In the present case, as discussed above, the survey u/s 133A of the Act was conducted on 08.01.2013 and a preliminary statement was recorded on 09.01.2013 stated to have been on oath of Shri Ajoy Kr. Das who i

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