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2024 (1) TMI 1234 - MADRAS HIGH COURTReopening of assessment u/s 147 - notice issued on the basis of statement recorded u/s 133A - HELD THAT:- As decided in in Khader Khan [2007 (7) TMI 182 - MADRAS HIGH COURT] wherein as compared and contrasted Sections 132(4) and 133A and concluded that Section 133A does not empower the officer conducting the survey to record statements under oath. On that basis, it was further concluded that such statement does not have evidentiary value. On examining the impugned notice, it is clear that a survey was conducted and that several factual findings were made on such basis. These findings inter alia relate to sales in cash which were not reflected in the books of account, availability of undisclosed or excess stock; and payment for a property being made partly from undisclosed profits. In the impugned notice, it is recorded that the statement of Sri.S.Ravichandran was not the only basis for initiating proceedings under Section 148A, and that such proceedings were initiated on the basis of the entire set of findings arising from the survey. In the impugned notice, it is further recorded that a statement was recorded not only under Section 133A, but also under Section 131. Section 131, on a plain reading, confers the powers of a civil court on the relevant officers. Such powers include the power to examine even a third party under oath. The above discussion leads to the conclusion that no case is made out to interfere with proceedings initiated by the respondent for alleged escaped assessment. It is needless to say, however, that it is open to the petitioner to participate in such proceedings and resist any liability in respect of such escaped assessment.
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