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TMI Blog2014 (5) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... tangible material apart from the statement recorded during the course of survey – when the assessee has admitted to confirmation of the addition of the differential amount, the addition to be restricted to Rs. 2,50,672/- being the shortfall in the amount admitted during the course of survey and as declared by the Assessee in the return of income – Decided partly in favour of Assessee. - I.T. A. No. 651/AHD/2014 - - - Dated:- 24-4-2014 - Shri D. K. Tyagi, J. M. And Shri Anil Chaturvedi, A. M.,JJ. For the Appellant : Shri Ashwin C. Shah, A. R. For the Respondent : Shri K. C. Mathews, Sr. D.R. ORDER Per Shri Anil Chaturvedi,A. M. 1. This appeal is filed by the Assessee against the order of CIT(A)-XVI, Ahmedabad dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered the submission made by the appellant and observation of the AO. The provisions of section 133A(6) are as under:- (6) If a person under this section is required to afford facility to the income-tax authority to inspect books of account or other documents or to check or verify any cash, stock or other valuable article or thing or to furnish any information or to have his statement recorded either refuses or evades to do so, the income-tax authority shall have all the powers under [sub-section (1) of section 131] for enforcing compliance with the requirement made From the above reading, it is clear that his statement recorded under section 133A is deemed to be statement recorded under section 131 (1). The statement is recorded u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undisclosed income. It is settled position of law that if the statement is not withdrawn immediately after the survey, then the statement has evidentiary value. In view of this decision, the addition made by the A.O is confirmed and the ground of appeal is dismissed. 4. Aggrieved by the order of CIT(A), the Assessee is now in appeal before us and has raised the following ground:- 1. The ld. CIT(A) has erred in confirming the addition of Rs. 35,00,000 being the disclosure made during survey in as much as the disclosure was not in respect of additional income but was in respect of total income for A.Y. 2007-08 and that accordingly the advance tax was also paid. 5. Before us, the Registry informed that there is delay in filing the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of A.O. and CIT(A) and supported their orders. 8. We have heard the rival submissions and perused the material on record. It is an undisputed fact that during the course of survey, Assessee admitted to the income of Rs. 35 lacs but in the return of income filed by the Assessee the income of Rs. 32,49,328/- was offered to tax. . It is also a fact that the addition of Rs. 35 lacs has been made only on the basis of admission made by the Assessee during the course of survey. Before us, Revenue has not brought any material on record to demonstrate that the addition of Rs. 35 lacs made by the A.O. is backed by tangible material apart from the statement recorded during the course of survey. Considering the aforesaid facts, more so, when l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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