Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2010 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (12) TMI 533 - ITAT, MUMBAIAddition - Survey u/s 133A - A blue diary was found on which certain transactions were written - Assessee had declared income of Rs.39 lacs in the return on the basis of voluntary statement clearly shows that the assessee had also unaccounted income other than the income mentioned in the diary - In case the assessee later found that the income disclosed at the time of survey was more than the actual income the assessee could always file details to substantiate the claim which has not been done in this case - Therefore the claim of the assessee that disclosure was not based on any material cannot be accepted. It has also been argued that the diary had been illegally impounded under section 131 of the I.T. Act - The authorities had no power to remove any article or thing under section 133A and therefore impounding of diary was illegal - The power u/s 131 can be exercised by the authorities during the course of any proceedings under the Act - Conducting of survey was definitely a proceeding and therefore use of power u/s 131 to impound a document cannot be said to be wholly untenable though there are some contrary judgments - Moreover once the diary is impounded, may be illegally, the material in the diary can always be used for the purpose of proceedings under the Act - This view is supported by the judgment of Hon'ble Supreme Court in case of Pooram Mal vs DI (1973 -TMI - 6422 - SUPREME Court) - The argument advanced is therefore of no help to the assessee - Decided against of assessee.
|