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2011 (4) TMI 84 - HC - Income TaxPenalty u/s 271-A - Requirement to Keep and maintain any such books of account and other documents as required by Section 44AA - The Assessing Officer as well as the Tribunal have not relied solely on the recorded statement of the assessee but have also taken into consideration the circumstantial evidence - Tribunal in its order dated 25th April,2000 observed that in course of penalty proceedings or the appellate proceedings relating thereto , the cash books and ledger books were not produced for verification as well as no steps were taken by the assessee to get the alleged wrong statement of the author of the statement explained by filing any affidavit or by producing the books of account and audit reports, soon after the survey - Question of law is not involved but it is a case where the appellant challenged the sufficiency of evidence only and once there is some material, justifying the order passed by the Tribunal, do not find that in the appellate jurisdiction, this Court should interfere in such matter where penalty has been imposed legally on the basis of cogent reasons - Do not find any merit in these appeals - Hence, these appeals are dismissed. Statement u/s 133A - the evidentiary value of the statement recorded under Section 133A (3)(iii) may be different than the statement recorded during the course of search and seizure under Section 132(4) because of the reason that under sub-section(4) of Section 132 the authorised officer is empowered to examine the person on oath where under sub-clause (iii) of sub-section(3) of Section 133A only statement can be recorded but not on oath.
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