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2015 (7) TMI 398 - AT - Income TaxOn Money paid on the purchases of two plots in the name of his family members - CIT(A) deleted the addition - Held that:- Copy of both the Affidavit itself disclosed all the facts regarding inquiry, assurance of investigating officer, statement recorded without any witness, statement proceedings prolong from 07.09.2006 to 21.09.2006, submissions of records etc. On plain reading of affidavit, any prudent person can feel & realize the intention of person who has recorded the statement. The assessee has no knowledge about using the statement against him till the Show Cause Notice was received from the assessing officer and hence affidavit which seems by the assessing officer is as a retraction of statement is not the afterthought. The assessee has filed affidavit immediately when he knew the facts. There was no just and fair disclosure by the assessee. He was forced to state only so that the Department and or so called investigating officer can use it & take action against the seller of the properties under such type of falsely confession. Before us, DR simply relied on the order of the AO and could not point out any specific error in the order of the CIT(A). The DR even before us could not explain why and in what circumstances statement under section 131 of the assessee was recorded by the AO. Therefore, we do not find any good reason to interfere with the order of the CIT(A), which is confirmed and the ground of appeal of the Revenue are dismissed. - Decided against revenue.
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