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2015 (5) TMI 1043 - AT - Income TaxAddition u/s 69 - assessee was recorded u/s.133A as well as u/s.131 - value of the statement recorded during the survey - Held that:- Hon’ble Madras High Court in the case of CIT Vs. S.Khader Khan Son (2007 (7) TMI 182 - MADRAS HIGH COURT ) has considered the evidentiary value of the statement recorded during the survey and held that on the basis of the statement addition cannot be made. Kerala High Court in the case of Paul Mathews & Sons Vs. CIT reported in (2003 (2) TMI 25 - KERALA High Court ) has held that section 133A empowers the authority to record the statement of any person, which may be useful for, or relevant to any proceeding under the Act. This section only enables the authority to record any statement of any person, which may be useful, but does not authorise for taking any sworn statement. On the other hand, such power to examine a person on oath is specifically conferred on the authorized officer u/s. 132(4) of the I.T Act, 1961. The statement recorded by an officer on oath will be used as evidence in any proceeding, whereas statement recorded u/s. 133A has not given any evidentiary value because it was recorded by the authority, which has not been empowered to administer the oath to the assessee and take sworn statement. We are of the view that the 1st appellate authority has not committed any error while deleting the addition. The ld.DR was also unable to point out any other corroborative evidence. In view of the above discussion, we dismiss the appeal of the revenue. - Decided in favour of assessee
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