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Claim of refund of tax paid on surrendered income during survey to buy peace

Income Tax - Direct Tax Code - DTC - By: - CA Surender Gupta - Dated:- 28-9-2016 Last Replied Date:- 30-12-1899 - Surrender of income making statement u/s 133A during survey is not a conclusive proof that there was undisclosed income. In this case, assesse has surrendered the income and filed the declaration. AO disbelieved the declaration and proceeded further to assess the undisclosed income. Assessee challenged the assessment and claimed the refund of tax paid during survey. Tribunal accepted .....

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s per the disclosure, the assessee would have got no chance or opportunity to claim that the disclosure made by him was under force, coercion or duress. He would have been left with no alternative than to console himself with the taxes paid in consequence of such declaration made. Under such circumstances, it will be wrong to assume that the assessee would have taken such a risk only to get an opportunity to contend that the statement made by him was wrong or false or the same was under pressure .....

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nor he had any undisclosed income or profits and further that even the declaration taken from him during his statement was under threat and pressure. We may deem it fit to mention here that the effect of force, threat undue influence or coercion depends upon the mental state of a person and it may vary from person to person. The assessee Shri Pandoo P. Naig in this case appeared to be carrying on such pressure and fear of possible consequences of retracting from his declaration till he was burd .....

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