TMI Blog2018 (10) TMI 1511X X X X Extracts X X X X X X X X Extracts X X X X ..... e. In fact, the assessee in no uncertain terms has accepted in his statement that the slip represents payment made for the purchase of property in question. The retraction is vague and a clear afterthought. The case on hand is not a simple case of relying upon some scribbling and notings, but a case where the entries, which were clear and legible, were taken into consideration by the Assessing Officer. The correctness of which was examined by the Commissioner of Income Tax (Appeals) and further examined by the Tribunal. Thus, we find the assessee has not made out any good ground to interfere with the order of the Tribunal. - Decided against assessee. - Tax Case (Appeal) No.1371 of 2008 - - - Dated:- 10-10-2018 - Mr. Justice T.S. Sivag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lips relate to immovable property bought by the assessee along with his wife Smt.Sharmila and the total amount paid by them for purchase of the said property is ₹ 62,90,560/- on various dates and the purchase price, including registration charges was ₹ 33,06,100/- and the same has been paid from accounts and the balance amount of ₹ 29,84,460/- was on-money payment and the same has not been accounted for. In the background of these facts, in the block return filed by the assessee on 31.5.2002, he did not admit the on-money payment as an undisclosed income. 4.On 11.6.2002, the assessee filed a letter before the Assessing Officer stating that the earlier statement given by him before the Assessing Officer was under mental ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ideration by the Assessing Officer and the statement obtained from the assessee during the course of search under coercion or exerting of mental pressure, cannot be relied upon. In this regard, the learned Counsel for the assessee placed reliance upon the decision of the Division Bench of this Court in the case of Commissioner of Income Tax, Chennai, vs. S.Dhader Khan Son [(2008) 300 ITR 157(Mad)] and in particular, paragraph No.13 of the judgement, wherein a Circular issued by the Central Board of Direct Taxes, dated 10.03.2003 is relied upon. 6.The learned Counsel for the Respondent, on the other than would contend that the assessee has not given one statement, but has made three statements and one statement has been extracted by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion with the purchasing of residential property and further, the assessee sought to explain the notings to mean as monthly instalments and arranging of funds and not for payment. The Commissioner of Income Tax (Appeals), after considering the said statement, has given reasons as to why the statements of the assessee are not tenable. In fact, the assessee in no uncertain terms has accepted in his statement that the slip represents payment made for the purchase of property in question. The retraction is vague and a clear afterthought. Therefore, the Commissioner of Income Tax (Appeals) rightly considered the effect of the notings as well as the statement given by the assessee, wherein he had accepted the on-money payment. Once again before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Indian Evidence Act. It reads as follows:- Document means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter 22. It is relevant to note that this definition is a re-production of the definition of the same expression contained in Section 3(18) of the General Clauses Act. Therefore, it is clear that loose sheets recovered from the premises of the assessee constitute documents within the meaning of the explanation under sub-section (4) of section 132. Sub-section (4) of Section 132 speaks about the admissibility of evidence of those documents. Sub-section (4) together wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anation. In view of the above, the question of laws are answered in favour of the appellant/Department and the appeal is allowed. No costs 9.The decision in the case of S.Khader Khan Son (Supra) is concerned, the Substantial Question of Law, which arose for consideration was whether the Tribunal was right in law in holding that the statement made during a survey under Section 133A of the Income-tax Act has no evidentiary value? 10.While considering the said question, the Hon'ble Division Bench took note of the Circular of the Central Board of Direct Taxes, dated 10.3.2003. The Circular at best be the guidelines to be followed by the Department. In the instant case, the retraction made by the assessee is stated to be on 11.06.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
