The Tax Publishers2019 TaxPub(DT) 5974 (Ker-HC) : (2019) 417 ITR 0363 : (2019) 311 CTR 0489 : (2019) 267 TAXMAN 0553

INCOME TAX ACT, 1961

Section 133A

Assessment of tax could not be made solely on the basis of the statement on oath made by an assessee to the Income Tax Authority during the survey proceedings under section 133A.

Survey - Addition made on the basis of statement of oath made by assessee - -Evidentiary value -

Issue under consideration was whether it was permissible to make assessment of tax solely on the basis of the statement made on oath by an assessee before the Income Tax Authority during the survey proceedings under section 133A. Held: It is well settled that the statement on oath made by an assessee to the Income Tax Authority during the survey proceedings under section 133A is not conclusive. The assessee can explain or withdraw the admission, if any, made by him in such statement. Therefore, the assessment of tax could not be made solely on the basis of such sworn statement made by the assessee under section 133A(3)(iii).

REFERRED : Pullangode Rubber and Produce Company Limited v. State of Kerala & Anr. (1973) 91 ITR 18 (SC) : 1973 TaxPub(DT) 89 (SC) M/s. Travancore Diagnostics (P) Ltd. v. The Asstt. CIT, Circle-1, Kollam (2017) 390 ITR 167 (Ker) : 2016 TaxPub(DT) 4566 (Ker-HC) CIT v. Hotel Samrat (2010) 323 ITR 353 (Ker) : 2010 TaxPub(DT) 1055 (Ker-HC) Paul Mathews & Sons v. CIT (2003) 263 ITR 101 (Ker) : 2003 TaxPub(DT) 1040 (Ker-HC)

FAVOUR : In assessee's favour

A.Y. :


INCOME TAX ACT, 1961

Section 69

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