9911796707
TMI Blog2008 (3) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... unal'), Delhi Bench 'D' in IT(SS)A No.26/DEL/2004 pertaining to block assessment period from 1 st April, 1990 to 10 th August, 2000. 2. The brief facts of this case are that a search was conducted at the premises of the Assessee on 20 th July, 2000. Thereafter, notice under Section 158BC of the Act was issued to the Assessee and the Assessee filed the return for the block period on 22 nd June, 2000 declaring undisclosed income of Rs.47,93,000/-, details of which have been mentioned in the assessment order. 3. During the course of assessment proceedings, the Assessing Officer brought to the notice of the Assessee that the undisclosed income of the family members of the group concerns had wrongly been disclosed by the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent case, the Assessee has made the conditional offer in his statement which has been mentioned by the Assessing Officer in his assessment order and the same is reproduced as under:-"Actually, the slip 5 contains two types of entries-one from where the money had either come to me or I was supposed to receive it. The other type of entries where those where I was supposed to give money or had already given them. If you would see carefully, you will find that some entries have been ticked right". All such entries are those where money had to be given by me or had already been given away. The sources obviously was profits earned by me or money taken from others by me. The total of all such amounts which has been given away be me comes to 58 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontest and litigate if this surrender of 47 lacs is treated in any form other than application of my unaccounted profits from my business activities." 10. Thus, the Assessee has surrendered Rs.47,00,000/- after due consideration of the documents seized. The subsequent retraction of the Assessee cannot be accepted and there is no basis for accepting the same. The Assessee had admitted that entries are in his own writing and has also admitted this fact that some of the transactions shown in the document were real. A document has to be accepted or rejected in toto. It cannot be said that a part of the document is true whereas the other part is false. 11. The Assessee has thus declared Rs.47,00,000/- as unaccounted income and ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
