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2016 (1) TMI 529 - AT - Income TaxAddition on account of difference between income admitted during the course of survey U/s 133A and return income - CIT(A) deleted the addition - Held that - The statement recorded U/s 133A as held by the various courts including Hon ble Supreme Court that statement recorded has no evidentiary value and also rebuttable. The assessee admitted ₹ 4 crores during the survey estimated regular income but books had not been completed as date of survey was 11/3/2010. The statutory deduction such as depreciation, interest on loan, salary to the Director and other statutory liability could not ascertain at the time of survey, which has been explained by the ld AR. The ld DR has not controverted the finding given by the ld CIT(A), therefore, we uphold the order of the ld CIT(A). - Decided against revenue
Issues:
Appeal against deletion of addition made by AO on account of difference between income admitted during survey U/s 133A and return income for A.Y. 2010-11. Analysis: The case involved an appeal by the revenue against the order of the CIT(A) for A.Y. 2010-11, challenging the deletion of an addition made by the AO based on a difference between income admitted during a survey under section 133A and the income declared in the return. The assessee, an authorized distributor of Spice Mobile Handset, had filed a return declaring total income of Rs. 4,81,00,570. During a survey, a director of the company admitted additional income of Rs. 1,62,81,065, making the total disclosed income Rs. 5.62 crores, higher than the declared income. The AO added Rs. 80,99,430 to the income, considering the discrepancy. The AO relied on various judicial decisions to support the addition, emphasizing the importance of the statement recorded during the survey. The CIT(A) deleted the addition, noting that the statement only mentioned likely regular income and did not provide a categorical disclosure of the income for the year. The CIT(A) found no fault in the books of accounts and explained the difference as adjustments like depreciation and interest paid to directors, which were not considered during the survey. The CIT(A) highlighted that the statement during the survey was an estimation and not a confirmed income figure. The revenue appealed the CIT(A)'s decision, arguing that the AO's addition was justified as the statement during the survey indicated a probable regular income of Rs. 4 crores for the year. The revenue contended that the difference between the estimated income during the survey and the actual income on finalization of accounts was due to factors like depreciation, interest on loans, and year-end provisions. The revenue cited judicial decisions and CBDT instructions to support their argument. However, the ITAT upheld the CIT(A)'s decision, emphasizing that the statement recorded during the survey had no evidentiary value and was rebuttable. The ITAT noted that statutory deductions and liabilities could not be ascertained at the time of the survey, supporting the CIT(A)'s findings. The ITAT dismissed the revenue's appeal, affirming the deletion of the addition made by the AO. In conclusion, the ITAT's decision upheld the CIT(A)'s order to delete the addition made by the AO based on the difference between the income admitted during the survey under section 133A and the income declared in the return for A.Y. 2010-11. The ITAT emphasized the importance of considering statutory deductions and liabilities while assessing income and reiterated that the statement recorded during the survey was an estimation and not conclusive evidence of income.
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