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2009 (1) TMI 453 - HC - Income TaxSearch and seizure - Addition - Coercive statement - Tribunal observed that the documentary evidence was produced by the assessee before the Assessing Officer. However, the Assessing Officer did not make any attempt to verify the claim of the assessee and it concluded that the assessee had established that the statement given at the time of survey was incorrect. The Tribunal deleted all the additions made in the assessment years. On appeal, the revenue contended that the Tribunal had not considered the subsequent statement of the assessee and that it could not have accepted the evidence without examining the genuineness of the documents and entries made therein. Held that- the order of the Tribunal could not be sustained because in the first instance, apart from the retracted statement, the subsequent statement made by the assessee had not been considered. The Assessing Officer while considering whether the retraction was under duress had to considered the genuineness of the documents which were produced as documents evidence. The matter was remanded for fresh consideration of the Assessing officer.
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