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TMI Blog2013 (7) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... 2000 which was taken under scrutiny assessment and the total income was assessed at Rs 23.67 lacs (rounded off). 3. Aggrieved by the same, this was carried before the CIT(A) which dismissed the appeal of the assessee. 4. Challenging such order of the CIT(A), the Tribunal was approached, which, vide its order dated 20.07.2012 allowed the appeal. 5. Aggrieved by approach, revenue has challenged such order, the present tax appeal is preferred proposing following substantial questions of law: "A. Whether in facts and in law, the Tribunal was justified in quashing the reassessment proceedings for A.Y. 2000-01 under Section 147 of the Act? B. Whether the ITAT erred in law in not appreciating the facts that the assessments were re-opened on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l which had not been gone into by the Tribunal and therefore, learned counsel urged for intervention. He has also produced, for our perusal, original file, where reasons are recorded while issuing the notice under Section 148 of the Income Tax Act to substantiate his version: 8. At the outset, it is necessary to reproduce the reasons recorded by the Income Tax Officer before he chose to issue the notice under Section 148 of the Income Tax Act seeking reassessment: "In this case, survey u/s. 133A of the Act was carried out at the business premises of Ganesh Hall, Nr. Kasturba Hospital, Valsad on 03.01.2006. Several incriminating documents were found and impounded u/s. 131(3) of the Act. During the course of survey statement of her son, Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rded under Section 133(A) use of such statement cannot be permitted without any corroborative evidence and the Tribunal having found that except the version of the assessee's son recorded under Section 133(A) which too was retracted later on, there was nothing to base the entire proceedings of reopening. Moreover, what is further recorded by the Tribunal is the circular of CBDT dated 10.03.2003 wherein the insistence on the part of the board is not to force any confession as any such confession recorded by the officer is based on no other evidence except the oral version in confessional mode and if later on it is retracted, it leaves the revenue with no basis. 12. Even without delving into the details of findings with regard to evidentiary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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