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2021 (12) TMI 937 - AT - Income TaxDetermining total income of the assessee - survey under section 133A - evidentiary value of statement made at the time of survey - assessee did not maintain any books of accounts - addition based on declaration made at the time of survey - HELD THAT:- The statement alone without substantiating material cannot be the basis to make any addition but in the present case, the circumstances under which the statement was made and declaration of income at the time of survey have also to be seen viz., the assessee admitted receiving receipts from producers in cash which are not recorded in the books of accounts, evidence found in the course of survey showing that the assessee had made cash payments for construction of house which are not appearing in the books of account and admission of the assessee that he earned income which was not disclosed in the books of accounts. The period after 17.8.2011 is concerned, the proportionate income declared by the assessee would be 198 days/ 365 days x 15,35,527/-, which would be a sum of ₹ 8,32,970/- (approx.). In my view it would be just and appropriate and fair to assess the total income of the assessee at a sum of ₹ 18.77 lacs + ₹ 8,32,970, i.e., at a sum of ₹ 27,09,970 – ₹ 1,13,347 being Chapter VI A deduction, i.e., a sum of ₹ 25,96,623/- as against the total income returned of ₹ 14,22,180/-. - Decided partly in favour of assessee.
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