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2018 (7) TMI 944 - ITAT NAGPURDisallowance of commission expenses - addition sustained simply on the basis of statement recorded during survey/search - Held that:- Respectfully following the decision in the case of the assessee’s sister concerns M/s. D.S. Agencies and, M/s. Usha Distributor [2015 (12) TMI 1459 - ITAT MUMBAI] as held Assessing Officer has made addition purely on the basis of statement made during the course of survey u/s 133A, which was later on retracted by the assessee, therefore, we are of the considered view that any addition made on the basis of these statements is without any basis and deserves to be deleted as there is no corroborative materials on record. It seems that addition has been made merely on the basis of statement/presumptive basis and no corroborative material has been brought on record. Presumption cannot take the shape of evidence, however, strong it may be. - Decided in favour of assessee
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