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Gold Jewellery Seized u/s 132A Held Explained – Addition u/s 69 r.w.s. 115BBE Deleted
Case Law Details
- Case Name
- S. Chandra Prakash Vs ITO (ITAT Chennai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2021-22
- Courts
- All ITAT, ITAT Chennai
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S. Chandra Prakash Vs ITO (ITAT Chennai)
The Chennai ITAT (C Bench) partly allowed the appeal of S. Chandra Prakash for AY 2021-22, holding that the gold jewellery seized under section 132A was duly explained and that the addition made under section 69 r.w.s. 115BBE was unsustainable.
The Tribunal held that:
The entire addition was based primarily on a confession obtained during police custody and enquiry u/s 131(1A), which was subsequently retracted and not corroborated by independent evidence.
Confessional statements alone, especially when retracted, cannot form the sole basis for assessmen...
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