Mahesh Ohri v. Asstt. CIT - Taxpublishers.in

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The Tax PublishersITA No. 4109/Del/2009 2013 TaxPub(DT) 1402 (Del-Trib) : (2013) 154 TTJ 0033 : (2013) 023 ITR (Trib) 0522 INCOME TAX ACT, 1961 --Survey--Addition on strength of statement Evidentiary value--During the course of survey, the assessee had made declaration and surrendered a sum of Rs. 2 crores for taxation. The assessing officer found that the assessee had failed to incorporate the surrendered amount for taxation in the return. The assessee contended that he had not made any voluntary disclosure and the statement recorded during survey was not given on oath and it had no evidentiary value. Assessing officer was not satisfied with the explanation of the assessee and made addition. Commissioner (Appeals) confirmed the addition made by the assessing officer. Assessee filed appeal against the order of Commissioner (Appeals) and contended that the assessing officer had not referred to any evidence collected during the course of survey or any discrepancy noted in the position of stock available at the premises vis-a-vis available in the books of account. Further, the assessing officer was simply harping upon the statement of the assessee vide which the alleged surrender was made. *Held:* The department failed to collect any material during the course of survey and the assessing officer was simply it harping upon the statement of the assessee. The statement did not carry any evidentiary value and, therefore, no addition was sustainable on the strength of the statement recorded during the course of survey. Income Tax Act, 1961 Section 133A IN The ITAT, Delhi 'E' Bench G. D. Agrawal, V.P. & Rajpal Yadav, J.M. Mahesh Ohri v. Asstt. CIT ITA No. 4109/Del/2009 A.Y. 2005-06 8 March, 2013 Assessee by : Arjun Kapoor, Chartered Accountant Department by : Gunjan Prasad, Departmental representative ORDER *Rajpal Yadav, J.M.* The present appeal is directed at the instance of the assessee against the order of the learned Commissioner of Income Tax dated 3-8-2009 passed for the assessment year 2005-06. The following ground of appeal project the grievance of the assessee as under : '1. That the learned Commissioner (Appeals) has erred in law and on the facts in confirming addition of Rs. 2,00,00,000 being additional income declared on account of survey operation and assessed as undisclosed income as per statement on oath recorded without any material on records of the Assessing Officer as well as no defects were found in the books of account. SUBSCRIBE FOR FULL CONTENT

The Tax PublishersITA No. 4109/Del/2009
2013 TaxPub(DT) 1402 (Del-Trib) : (2013) 154 TTJ 0033 : (2013) 023 ITR (Trib) 0522

INCOME TAX ACT, 1961

--Survey--Addition on strength of statement Evidentiary value--During the course of survey, the assessee had made declaration and surrendered a sum of Rs. 2 crores for taxation. The assessing officer found that the assessee had failed to incorporate the surrendered amount for taxation in the return. The assessee contended that he had not made any voluntary disclosure and the statement recorded during survey was not given on oath and it had no evidentiary value. Assessing officer was not satisfied with the explanation of the assessee and made addition. Commissioner (Appeals) confirmed the addition made by the assessing officer. Assessee filed appeal against the order of Commissioner (Appeals) and contended that the assessing officer had not referred to any evidence collected during the course of survey or any discrepancy noted in the position of stock available at the premises vis-a-vis available in the books of account. Further, the assessing officer was simply harping upon the statement of the assessee vide which the alleged surrender was made. Held: The department failed to collect any material during the course of survey and the assessing officer was simply it harping upon the statement of the assessee. The statement did not carry any evidentiary value and, therefore, no addition was sustainable on the strength of the statement recorded during the course of survey.

Income Tax Act, 1961 Section 133A

IN The ITAT, Delhi 'E' Bench

G. D. Agrawal, V.P. & Rajpal Yadav, J.M.

Mahesh Ohri v. Asstt. CIT

ITA No. 4109/Del/2009

A.Y. 2005-06

8 March, 2013

Assessee by : Arjun Kapoor, Chartered Accountant

Department by : Gunjan Prasad, Departmental representative

ORDER

Rajpal Yadav, J.M.

The present appeal is directed at the instance of the assessee against the order of the learned Commissioner of Income Tax dated 3-8-2009 passed for the assessment year 2005-06. The following ground of appeal project the grievance of the assessee as under :

'1. That the learned Commissioner (Appeals) has erred in law and on the facts in confirming addition of Rs. 2,00,00,000 being additional income declared on account of survey operation and assessed as undisclosed income as per statement on oath recorded without any material on records of the Assessing Officer as well as no defects were found in the books of account.