Download eBook on Survey, Search & Seizure under ... - TaxGuru

Survey, Search & Seizure | 43 |Gems of judiciary.1. hon’ble Gujarat high Court in Kailashben Manharlal Choshi v. CIT[2008] 14 dTR 257 - That statement recorded at odd hours cannot beconsidered to be a voluntary statement, if it is subsequently retractedand necessary evidence is led contrary to such admission.2. CIT v. O. Abdul Razak 2012] 20 taxmann.com 48 (Ker.) - A self-servingretraction, without anything more cannot dispel statement made underoath under section 132(4).3. S K bahadur v. union of India through CIT, 2011-TIOL-104-hCdel-IT:– No addition can be made in the hands of assessee wherethe assessee’s wife had given a statement on oath and submitted theevidence in the form of wealth tax return filed before the date of searchthat she owned the properties mentioned in the documents seized.4. Asstt. CIT janak Raj Chauhan [2006] 102 TTj (Asr.) 316, ACIT vsjanak Raj Chauhan [2006] 102 TTj 316 ASR - No additions on the basisof statement made u/s 132(4) without positive evidence found duringsearch in support of such an statement.5. CCIT & ANR. Vs. Pampapathi [2009] 310 ITR 0064 (Kar.)- Letterwritten by partner of assessee firm to department admittingundisclosed income higher than that disclosed in statement under S.132(4) with certain conditions and further stating that a revised returnshall be filed accordingly is not a statement under S. 132(4) nor arevised return and cannot be used as a basis for making assessment.6. hotel Kiran vs ACIT, 82 ITd 453 [ ITAT - Pune ]- A statement wasmade by the assessee, voluntarily under s. 132(4), that ‘on-money’ waspaid out of the firms suppressed profits. The statement, being clear andunambiguous, and made in the absence of any co-ersion, threat or force,was binding on the assessee even though he subsequently retracted it.7. Commissioner of Income Tax Vs. d. K. Gupta – [2009] 308 ITR 230(del) Presumption about noting and jotting in documents is notavailable u/s 132 (4A), Assessee liable to tax only on receipts proved tobe income of assessee.www.taxguru.in