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2016 (6) TMI 684 - AT - Income TaxUnaccounted investment in house property - Addition on the basis of statement recorded U/s 132(4) - rejection of books of account U/s 145(3) - Held that:- Additional income of ₹ 1.00 crore, which includes disclosure of ₹ 75 lacs on account of unaccounted investment in house property constructed at 4-5, Shubham Enclave, C-Scheme, Jaipur. The addition made by the Assessing Officer on the basis of statement recorded U/s 132(4) are not on the basis of incriminating documents found during the course of search, as such no reference has been made by the Assessing Officer in assessment order. He simply gave general observation of the group that during the course of search, various assets/books of account were found and seized as per annexure prepared during the course of search. Thereafter, he analysed the expenses under the head consultancy charges, sales promotion, travelling expenses, purchases material for advertisement and also considered not maintaining stock register and commission payment not verifiable but no specific bills vouchers have been referred by the Assessing Officer that the expenses claimed and commission paid is bogus on the basis of seized material. Whatever addition made by the Assessing Officer on the basis of statement recorded during the course of search U/s 132(4) which have evidentiary value but it is rebuttable. The CBDT also issued instruction on forced disclosure during the survey and search, which has been referred by the ld CIT(A) wherein it has clearly directed by it to the authorized officer, no attempt should be made to obtain the confession, which is not based on incriminating document/assets found during the course of search. The ld DR has not controverted the findings given by the ld CIT(A) - Decided against revenue.
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