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2010 (11) TMI 135 - ITAT, MUMBAISurvey - Addition of Income - During the course of survey action carried out on 11-2-05 a declaration was obtained from the assessee wherein an amount of Rs. 76,33,179 was offered to tax but the same was retracted subsequently - It is an established position of Law that if a disclosure is made by the assessee either under mistaken belief of facts and law due to mental pressure from the survey party or under coercion he can retract the statement and the admission so made Non Recording of reasons in its order by ITAT - Apex Court in the case of CIT v. K.Y. Pillaiah (1966 -TMI - 39909 - SUPREME Court) – though normally the Appellate Tribunal should Record its conclusions on every disputed question raised before it by setting out its reasons in support of its conclusion, merely because it fails to record its reasons, the said Order cannot be said to be wrong particularly when an Appellate Authority fully agrees with the view expressed by the first appellate authority and has no other ground to record in support of its conclusion. In otherwords, merely because it does not repeat the reasons given by the first appellate authority, on which a decision was given against the assessee or the department, Order of the Appellate Tribunal cannot be said to be illegal or irregular. - Accordingly held that the miscellaneous application filled by the revenue are rejected
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