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2018 (12) TMI 1508 - AT - Income TaxAssessment u/s 153A - Addition merely relying upon the statement of the appellant recorded u/sec. 132(4) - as per assessee statement recorded allegedly during the course of search was not free and fair and therefore addition cannot be made on that basis - Held that:- Referring to submission filed before the Ld. CIT(A) reiterating that surrender made by assessee and her husband was not voluntary and was under undue pressure from the search officials with assurance to conclude search. However, the assessee explained the source of each and every asset/loose paper found during the course of search and submitted before AO and Ld. CIT(A) that as to why additions cannot be made in respect of such assets/loose documents. The AO made an abrupt addition of ₹ 1,50,00,000/- which was affirmed by Ld. CIT(A) as against amount of ₹ 15, 58,632/- offered by the assessee suo-moto before the Ld. CIT(A). We also note that the case laws cited by the Ld. CIT(DR) are not exactly on the same facts and circumstances of the present case, hence, does not support the case of the Revenue. Keeping in view all as well as the CBDT Instructions vide its Instructions No. F. No. 286/2/2003-IT (Inv.II), dated 10.3.2003 has made it clear that reliance shall not be solely placed on the statements recorded in the search survey - we delete the addition in dispute and allow the grounds raised by the assessee.
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