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2020 (5) TMI 715 - ITAT DEHRADUNAddition on account of surrender made at the time of search u/s 132 - AR submitted that the surrender was made at the pressure of the search party and it does not have any evidence. The statement was retracted and therefore, could not have been relied upon by the ld AO to make the addition - HELD THAT:- Apparently, in assessment order as well as in the appellate order no evidence was disclosed based on which the father of the assessee disclosed the sum - in the statement u/s 132(4) of the Act of the assessee in reply to question No. 35, where assessee has disclosed ₹ 20 lacks on his own, also does not have any discussion about the material based on which the disclosure is made. No doubt the disclosure made for the firm of Golden Manor may have other evidence, however in the case of the impugned addition of ₹ 20 lakhs; we do not find any mention about evidence of unaccounted income - also admitted by revenue that the assessee has retracted the statement immediately after the search that is almost within 10 days of the search - circular of CBDT dated 10.03.2003 also discourage revenue from making an addition merely on the basis of statement or confession without any evidence. Further had there been any evidence ld AO should have made addition of that amount and not ₹ 20 Lakhs. In view of this, we do not find any reason to sustain the order of the lower authorities. Accordingly, the ld AO is directed to delete the addition - Appeal of the assessee is allowed.
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