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2023 (8) TMI 386 - HC - Income TaxAddition made on the basis of a survey report - Reliance on the statement recorded u/s 133A of directors - HELD THAT:- As it is not in dispute that the assessee was not furnished with a copy of the survey report. This is an aspect which the Tribunal has noted in the impugned order. Concededly, the directors were not confronted with the contents of the survey report. Given this position, the Tribunal, in our view, quite correctly has concluded that since there was no corroborative material available for making addition, the assessment order, qua this aspect, could not be sustained. As observed in S. Khader Khan Son’s case [2013 (6) TMI 305 - SC ORDER], there is a qualitative difference between the statement recorded under Section 133A and Section 132(4) of the Act. The statement recorded u/s 133A of the Act has no evidentiary value, since the officer concerned is not authorized to administer oath and record a sworn statement. This is in contradiction with the statement recorded u/s 132(4) of the Act, which is recorded on oath by an officer who is vested with necessary powers. No corroborative evidence was found to support the addition, we are not inclined to interfere with the impugned order passed by the Tribunal. No substantial question of law arises.
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