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2015 (8) TMI 368 - HC - Income TaxAssessment completed under Section 143(3) r/w. Section 153A - additions relating to the difference in considerations paid on purchase of properties - Held that:- Admittedly the additions were made by the assessing officer placing reliance on the document seized (SJ-III) during the course of the search of another assessee by name Babu John and also the sworn statements given by the assessee on 24.10.2008 and 30.10.2008. In the statement dated 24.10.2008, the assessee had accepted the genuineness of the entries made in the above referred document. In the statement dated 30.10.2008, he had reiterated and confirmed the earlier statement of 24.10.2008. However it was only during the assessment proceedings that he gave a letter dated 15.02.2010 retracting from the earlier two statements. However, rightly, the assessing officer rejected the belated retraction and proceeded to complete the assessment relying on the document seized and the two statements of the assessee himself. Therefore, these additions made relying on this document and the statements, cannot be said to be illegal. The Tribunal's order shows that despite the above, the Tribunal has set aside some of the additions and remitted the matter to the assessing officer for re-consideration. In so far as the additions which were confirmed by the Tribunal are concerned, they are fully substantiated by the document and the statements relied on by the Department. We do not find any illegality nor do we find any question of law arising in these appeals for consideration. - Decided against assessee.
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