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2020 (1) TMI 1021 - AT - Income TaxAddition on the basis of the survey carried out at the premises of the assessee - Assessee made the surrender of income - HELD THAT:- The entire addition is based on the surrender on the basis of a letter dated 24.03.2012 which stand retracted by letter dated 30.03.2012 and 02.07.2012. Moreover, this surrender is not under oath. The AO has not brought any material to rebut the explanation of the assessee. Further, the issue is also covered by the judgment of the Hon’ble Supreme Court in the case of CIT vs. Khader Khan Son [2013 (6) TMI 305 - SC ORDER] wherein the Court has held that section 133A of the Act does not empower any Income Tax Authority to examine any person on oath and therefore any admission made in a statement recorded during survey cannot by itself be made the basis of addition - the addition in dispute made by the AO and confirmed by the Ld. CIT(A) is not tenable in the eyes of law, hence, the same is deleted. - Decided in favour of assessee.
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