Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (9) TMI 357 - KERALA HIGH COURTEvidentiary value of a statement made on oath by the assessee to the income tax authority in survey proceedings held under Section 133A - income tax authority got power to examine on oath any person during survey proceedings under Section 133A - HELD THAT:- Merely by reason of the fact that the income tax authority has administered oath to an assessee and recorded his sworn statement during the survey proceedings under Section 133A it cannot be found that such statement has no evidentiary value at all and that it cannot be used in any manner against the assessee in any proceedings under the Act. As explained in Travancore Diagnostics [2016 (11) TMI 76 - KERALA HIGH COURT] the statement on oath made by an assessee to the income tax authority during the survey proceedings under Section 133A is not conclusive. The assessee can explain or withdraw the admission, if any, made by him in such statement. Assessment of tax cannot be made solely on the basis of such sworn statement made by the assessee under Section 133A(3)(iii) of the Act. At the same time, such statement can be used to corroborate other materials before the assessing authority, including the contents of any document. In our view, the dictum laid down in Paul Mathews [2003 (2) TMI 25 - KERALA HIGH COURT] and Hotel Samrat [2009 (11) TMI 269 - KERALA HIGH COURT] and Travancore Diagnostics (supra) can be harmonised in this manner without any conflict. Thus, the substantial questions of law raised as items (1) and (3) are answered in favour of the assessee and against the revenue. Addition u/s 69 - The assessment of tax made by the authority concerned is not solely based on the sworn statement of the appellant given to the income tax authority. The basis of the assessment is the agreement executed by the appellant for purchase of property and also the circumstance that the appellant failed to establish his plea regarding the investment made. The sworn statement of the appellant only corroborates those materials. The fact that the assessing authority gave emphasis to the sworn statement of the appellant while passing the order of assessment does not change this fact situation. Tribunal has adverted to the factual aspects and confirmed the findings made by the assessing authority and the appellate authority. The conclusion reached by the Tribunal on a finding of fact cannot be interfered with by this Court unless it is shown that it is perverse or that the Tribunal had acted without any materials. In the instant case, the factual findings made by the Tribunal do not suffer from any such error or illegality or perversity.
|