TMI Blog2022 (4) TMI 481X X X X Extracts X X X X X X X X Extracts X X X X ..... he material found and seized during the search. In the instant case, there was no material to connect the undisclosed income to the assessee. Similarly, the additions made in the case of Yogesh Singla and Mahdu Singla which is a part of the statement given by the assessee with regard to the surrender has been deleted by the Coordinate Bench of the Tribunal [ 2020 (5) TMI 715 - ITAT DEHRADUN] - Since, there was no material before the revenue to attribute undisclosed income, the facts and circumstances of the instant case, we hereby allow the appeal of the assessee. - ITA No. 8328/Del/2018 (Asstt. Year : 2016-17) - - - Dated:- 8-2-2022 - Sh. Amit Shukla, Judicial Member And Dr. B. R. R. Kumar, Accountant Member Assessee by: Sh. S. K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r total income. 5. In response to this the assessee vide her reply dated 27.11.2017 stated as under: As regards your query related to surrender of ₹ 1 crore and the same not being reflected in the ITR filed for AY 2016-17, it is submitted that you have purposely it seems, omitted to mention that just after the purported surrender the assessee along with his wife Mrs. Madhu Singla and son Mr. Yogesh Singla vide letters dated 23.07.2015 addressed to Joint Director of Income Tax (Inv.) and which as reported by postal website as having been received on 24.07.2015 had retracted the surrender as soon as relieved of the oppressive conditions which were made to bear on them by the Department parties at the time of search to induce the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... what is to be realized at this juncture is the absolute dearth of any significant incriminating material found in the course of search and the assessee s confrontation with it. No documentary record of any allegedly undisclosed income has been found in the course of search and none has been admitted by the assessee. 6. The assessee submitted that his case is squarely covered by the decision of the Hon'ble High Court of Andhra Pradesh in Gajjam Chinna Yellappa Vs. ITO [(2015) 370 ITR 0671 (AP)] and is further supported by the decision of the Hon ble High Court of Gujarat in Chetnaben J Shah legal heir of Jagdishchandra K Shah in Tax Appeal No. 1437 of 2007 delivered on 14.07.2016 and also on CBDT direction F.No.286/98/2013-IT (lnv.l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 016-17. 9. The AO held that when the assessee was confronted about the difference between the income declared by him and his family members and the investment made by him and his family members. It was held that the retraction is not supported with any evidence to prove contrary to what was admitted by the assessee in his statement recorded u/s 132(4). The AO relied on the decision of the Hon ble Supreme Court in the case of B. Kishore Kumar vs. DCIT, Central Circle, Chennai has held that since the assessee himself had stated in sworn statement during the search/seizure about his undisclosed income, tax was to be levied on the basis of admission without scrutinizing documents . Accordingly, the surrendered income of ₹ 50,00,000/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly any pressure and oppressive condition before him with evidence. At this score, appellant has been found completely unable to give any evidence regarding undue pressure and oppressive condition, therefore, it was held that this argument doesn't have any merit. 13. Heard the arguments of both the parties and perused the material available on record. 14. We find that the statement has been recorded on 23.07.2015 and the same has been retracted on 23.07.2015 and on 03.08.2015 vide letters addressed and posted to Joint Direct(Inv.), Dehradun. Further, we find that the assessment has been completed summarily without any reference to the incriminating material or documents which indicate concealment of income. The CBDT circular direc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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