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2019 (10) TMI 653 - AT - Income TaxAddition towards un-disclosed jewellery declared by the assessee during the search proceedings u/s 132 - HELD THAT:- Necklace was found during the course of search u/s.132(4) of the Act, which was offered as undisclosed income in the statement recorded u/s.132(4) of the Act. However, at the time of filing the returns in response to notice u/s.153A assessee did not offer the same to tax on the ground that the said statement u/s.132(4) of the Act was given under tremendous pressure and mental strain was wrong. The said diamond jewellery stood disclosed in the return of wealth of Mrs. Alpana Dangi wife of the assessee. The assessee also produced sale bills of the seller along with payment details. Thus, the assessee has completely explained the purchase of jewellery with reference to bills, vouchers and payment details. We are not in conclusion with the CIT(A) that the non disclosure was an after thought. In our opinion where assessee has offered the income in the statement recorded u/s.132(4) of the Act but when the same is explained with reference purchase bills and payment details then the same cannot be treated as ‘un-disclosed income’. The case of assessee is also squarely covered by the decision of CIT Vs. S.Khader Khan Son [2007 (7) TMI 182 - MADRAS HIGH COURT] wherein it has been held that the statement has no evidentiary value unless corroborating evidences are there to support the same. Even the case of assessee is fully supported by the Instruction F.No.286/2/2003IT(Inv-II) issued by CBDT which states no confession of additional income during the course of search and seizure and survey operations to be taken by the officers without credible evidences. The order passed by CIT(A) is wrong and can not be sustained. Accordingly we is set aside the order of CIT(A) and direct the AO to delete the addition so made. Appeal of assessee is allowed.
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