9911796707
TMI Blog2014 (2) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... aining regular books of accounts and vouchers and no material discrepancy was found to make any surrender - Thus, there is nothing on record to prove that any material was found to indicate earning of undisclosed income – Relying upon Paul Mathews And Sons Versus Commissioner of Income-Tax [2003 (2) TMI 25 - KERALA High Court] and on Board's circular apply in favour of the assessee – Decided against Assessee. - ITA No. 349 & 350/Agra/2013 - - - Dated:- 7-2-2014 - Shri Bhavnesh Saini And Shri Pramod Kumar,JJ. For the Appellant : Shri Athesham Ansari, Jr. D.R. For the Respondent : Shri Mahesh Agarwal, C.A. ORDER Per Bhavnesh Saini, J.M.: Both the appeals by the Revenue are directed against different orders of ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee were called for. The assessee was asked to explain regarding surrender of income made during the course of survey to which the assessee replied that he has maintained all regular books of account, bills, vouchers etc. which have been audited by the CA and no material discrepancies were reported by the auditors after considering the impounded documents. Therefore, no surrender as alleged was made in the return of income. The AO, however, referred to the statement recorded during the course of survey on oath in which the assessee surrendered undisclosed income of Rs.10 lacs and Rs.15 lacs in assessment years under appeals and accordingly made both the addition. The assessee challenged the additions before the ld. CIT(A) and reiterate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dering the contention of the assessee and the material on record and objections of the AO, noted that the decision in the case of Paul Mathews Sons (supra) clearly supports the view of the assessee that section 133A does not empower ITO to examine any person on oath and such statement has no evidentiary value. The ld. CIT(A) also followed the Instruction No. 286 of the Board (supra) in support of his finding that in the absence of any material, confessional surrender should not be obtained. The ld. CIT(A) also noted that on mere statement recorded during the survey without any corroborative material is not correct. The ld. CIT(A) in support of his findings also relied upon several decision of different High Courts and the Tribunal includi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of assessee recorded during the course of survey and submitted that no material was found during the curse of survey to prove that the assessee had any unaccounted income. Therefore, surrender made during the course of survey was without any basis and was correctly retracted. Such an admission is also not admissible in law. 4. We have considered the rival submissions and the material on record and do not find any justification to interfere with the orders of the ld. CIT(A) in deleting both the additions. It is not in dispute that nothing was found incriminating against interest of assessee during the course of survey. The additions were made merely on the basis of surrender made by the assessee on the basis of statement recorded during ..... X X X X Extracts X X X X X X X X Extracts X X X X
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