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TMI Blog2013 (12) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee to the Assessing Officer for filing remand report - Sales Tax assessment order was sent to the Assessing Officer for his comments too - Following ITO vs. Vijay Kumar Mesar [2009 (8) TMI 675 - CHHATTISGARH HIGH COURT] 231 CTR 165 - Confession made by the assessee during survey proceedings is not conclusive and it is open to the assessee to establish by filing cogent evidence that the same wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. and oil of Bharat Sheel at Industrial Area, Amausi, Lucknow. On 01.09.2006, a survey was conducted at the business premises under Section 133A of the Income Tax Act. During the course of survey, the assessee had surrendered a sum of Rs.10.00 lacs, out of which Rs.3.00 lacs was on account of variation of stock; Rs.7.00 lacs was on account of variation of cash. In these circumstances, the AO h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of CIT vs. P. Mohanakala, (2007) 291 ITR 278 (SC) observed that generally, concurrent findings of the fact made by the appellate authorities need not to be disturbed. Similar views were also expressed by the Kerala High Court in the case of Paul Mathrews Sons vs. Commissioner of Income-tax, (2003) 263 ITR 101. Lastly, he made a request for dismissal of the appeal. After hearing both the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of ITO vs. Vijay Kumar Mesar, (2010) 231 CTR (Chhattisgarh) 165, where it was observed that : "... The substantial questions of law on which the appeal has been admitted are basically the questions of fact. It is settled law that confession made by the assessee during survey proceedings is not conclusive and it is open to the assessee to establish by filing cogent evidence that the same was no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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