TMI Blog2017 (9) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant may be correct in contending that the statement of a person recorded by the police authority under section 161 of Cr.P.C would have limited utility. Had this statement been the sole basis for making the addition, we would certainly have examined the issue further. However, the Assessing Officer had other independent and reliable material linking the amount to the appellant. The statement o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Tax Appeal No. 649 of 2017 - - - Dated:- 6-9-2017 - MR. AKIL KURESHI AND MR. BIREN VAISHNAV, JJ. For The Appellant : Mr. Jaimin R Dave, Advocate ORAL ORDER ( PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Assessee is in appeal against the judgement of the Income Tax Appellate Tribunal dated 28.04.2016 raising the following question for our consideration: Whether the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such cash. Assessee denied the entire transaction. The Assessing Officer collected information from the Angadia Company and the police authorities. Statement of Rameshkumar K. Patel, partner of the Angadia firm was also recorded on oath. During such statement, he admitted that the assessee had handed over the said sum on 20.05.2005 at the Bilimora branch of the Angadia for delivery to Riyaz Lok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal both confirmed the view of the Assessing Officer whereupon this appeal has been filed. 6. Before the Tribunal the assessee had argued that the statement of the assessee recorded with the police under section 161 of the Criminal Procedure Code could not have been relied upon. He in fact disowned ever having made such statement. The Tribunal did not accept the contention and dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ownership of the amount. In fact the entire issue came to light only when the amount was allegedly misappropriated by the employee of the Angadia which forced the Angadia to file a police complaint. The fact that the FIR was filed at a police station in Mumbai would further suggest that the amount was actually in transit as per the instruction of the sender and would have been misappropriated af ..... X X X X Extracts X X X X X X X X Extracts X X X X
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