2015 (9) TMI 1127 - SC - Income Tax

Undisclosed income - reliability of confessional statement - Whether the statement was made under duress and whether it was retracted lawfully would have no relevance at this stage. - Held that - We are of the view, in accordance with the view of the High Court, that no substantial question of law arises. Further, though it was vehemently argued by Shri Devansh A. Mohta, learned counsel appearing for the assessee, that this was a case both of perversity and of there being no evidence at all. We find that not only are the findings of fact recorded in some detail but that it is not possible to say that this is a case of no evidence at all inasmuch as evidence in the form of the statement made by the assessee himself and other corroborative material are there on record. - Decided against the assessee.

Summary

Issues:
Assessment for block period 01.01.1985 to 24.08.1995, relevance and conclusiveness of statement made by partner, consideration of corroborative evidence, applicability of Section 158 BC for block assessment period, substantial question of law, perversity of evidence, dismissal of appeal.

Analysis:
The appeal before the Supreme Court pertained to the assessment of a partnership firm for the block period from 01.01.1985 to 24.08.1995. The controversy arose when a statement made by a partner of the firm on 25.08.1995 during a search operation under Section 132 of the Income Tax Act disclosed undisclosed income related to two movies, leading to an addition of Rs. 1,83,50,000/- by an Order-in-Original dated 25.09.1996. The Income Tax Tribunal remanded the case for fresh hearing, emphasizing that the partner's statement, though not retracted lawfully, could not be treated as conclusive, requiring consideration of other corroborative evidence.

In the subsequent assessment order dated 29.03.2000, detailed reasons were provided to support the conclusion that the figures in the partner's statement were corroborated by loose sheets and vouchers found at the firm's premises. The Tribunal, while framing three issues, acknowledged that the partner's statement was relevant but not conclusive, and proceeded to examine the statement's validity under duress and lawful retraction, ultimately allowing its use as evidence. The Tribunal also considered other corroborative evidence and determined that the additional income could be added under Section 158 BC for the block assessment period.

Upon appeal to the Bombay High Court under Section 260A, it was found that no substantial question of law was present. The Supreme Court concurred with this finding, rejecting the argument of perversity and lack of evidence raised by the appellant's counsel. The Court noted that detailed factual findings and the presence of the partner's statement and corroborative material on record precluded the claim of no evidence. Consequently, the appeal was dismissed by the Supreme Court, upholding the lower courts' decisions and finding no merit in the appellant's arguments.