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2009 (8) TMI 823 - HC - Income TaxSearch and seizure - Undisclosed income - notice under section 158BC of the Income-tax Act, 1961 - assessee surrendered Rs. 30 lakhs as his undisclosed income for the block period and further expressed his willingness to pay the taxes worked out against the surrendered undisclosed income. assessee did not retract their statements immediately after the search and seizure was over. In the return also, no explanation was offered for their surrender of undisclosed income of Rs. 30 lakhs at the time of search and seizure operations under section 132(4). The allegation of duress and coercion was made after almost two years when the Assessing Officer confronted them with their statements under section 132(4) and they were asked to explain as to how the above undisclosed income does not find place in their return. The Department's contention that there were no mitigating circumstances to show the admission/surrender made by the assessee was retracted at the earliest part of time with corroborative evidence has substance. assessee made an alternative plea that in case any other additions are made as income of the assessee, then the same should be set off from the amount of Rs. 7.5 lakhs in each case – Held that:- assessee had failed to discharge the onus of proving that confession made by him under section 132(4) was as a result of intimidation, duress and coercion or that the same was made as a result of mistaken belief of law or facts, Assessing Officer was justified in assessing the income of the assessee on the basis of the surrender of undisclosed income made by the assessees under section 132(4) of the Act, orders passed by the Commissioner of Income-tax (Appeals) and the Tribunal are set aside and the order passed by the Assessing Officer is restored.
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