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Statement recorded during survey alone cannot be basis of addition – concurrent findings of three appellate authorities confirmed by the Supreme Court in case of S. Khader Khan Sons

Statement recorded during survey alone cannot be basis of addition – concurrent findings of three appellate authorities confirmed by the Supreme Court in case of S. Khader Khan Sons - Income Tax - Direct Tax Code - DTC - By: - CA DEV KUMAR KOTHARI - Dated:- 17-8-2016 - Relevant provisions: Section 132(4) and 133A of Income-tax Act, 1961. Provisions of Indian Evidence Act. Commissioner of Income-tax Versus S. Khader Khan Sons 2013 (6) TMI 305 - SUPREME COURT - in view of the concurrent findings o .....

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r - 1971 (9) TMI 64 - SUPREME Court, Commissioner of Income-Tax Versus GK. Senniappan. - 2006 (1) TMI 87 - MADRAS High Court , a Division Bench of this Court, in which one of us was a party (P.P.S.JANARTHANA RAJA, J.), in Dr.S.C.Gupta v. Commissioner of Income-tax [ 1999 (11) TMI 9 - ALLAHABAD High Court of course, placing reliance on the decision of the Apex Court in Pullangode Rubber And Produce Company Limited Versus State Of Kerala And Another - 1971 (9) TMI 64 - SUPREME Court Paul Mathews A .....

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IONER OF INCOME-TAX AND ANOTHER - 2010 (7) TMI 211 - PUNJAB AND HARYANA HIGH COURT COMMISSIONER OF INCOME-TAX Versus S. KHADAR KHAN SONS - 2007 (7) TMI 182 - MADRAS HIGH COURT COMMISSIONER OF INCOME-TAX Versus S. AJIT KUMAR - 2006 (11) TMI 130 - MADRAS HIGH COURT Commissioner of Income-Tax Versus GK. Senniappan. - 2006 (1) TMI 87 - MADRAS High Court Paul Mathews And Sons Versus Commissioner of Income-Tax. - 2003 (2) TMI 25 - KERALA High Court About provisions - present status vis a vis position .....

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provisions of 132 (4) and S.133A as applicable and relevant were as follows: From S.132 (4) From S.133A 132. Search and Seizure. (3) An income-tax authority acting under this section may,- ....... (4) The authorised officer may, during the course of the search or seizure, examine on oath any person who is found to be in possession or control of any books of account, documents, money, bullion, jewellery or other valuable article or thing and any statement made by such person during such examinat .....

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no evidentiary value of statement recorded in a survey u/s 133A. The Court also referred to the circular in this regard and held that a statement made by a partner of firm, during course of survey and later on retracted has no evidentiary value and merely based on such statement or admission an addition cannot be made. The honourable Supreme court has dismissed appeal of revenue in view of concurrent findings of CIT(A), ITAT and High Court. The High Court held as follows: For all these reasons, .....

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