2020 (5) TMI 715

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..... l Singh, JCIT, DR. ORDER PER PRASHANT MAHARISHI, A. M. These are the two appeals of the individual assesses arising out of same search involving common and identical issue, therefore, those are heard together and disposed off by this common order. ITA No. 8329/Del/2018 1. This appeal is filed by an individual assessee against the order of the ld CIT(A)-IV, Kanpur dated 05.12.2018, wherein, .....

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..... not offer the above sum. On questioned, assessee submitted that vide letter dated 23.07.2015 to the Joint Director of Income Tax (Investigation), Dehradun he has already retracted the surrender. Subsequently, also on the same date his father has also retracted the above statement and further communicated to the respective authorities. According to the assessee such retraction of surrender is unch .....

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..... smissed his appeal. Therefore, the assessee is in appeal before us. 4. The ld AR submitted that the surrender was made at the pressure of the search party and it does not have any evidence. The statement was retracted and therefore, could not have been relied upon by the ld AO to make the addition. He further relied upon the circular issued by CBDT as well as decision of the several courts to sup .....

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..... ppellate order no evidence was disclosed based on which the father of the assessee disclosed the sum. Further, in the statement u/s 132(4) of the Act of the assessee in reply to question No. 35, where assessee has disclosed Rs. 20 lacks on his own, also does not have any discussion about the material based on which the disclosure is made. No doubt the disclosure made for the firm of Golden Manor m .....

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..... essee is allowed. ITA No. 8330/Del/2018 7. Identical facts are raised where the AO has made an addition of Rs. 30 lacs based on the basis of statement of the father u/s 132 (4) of the act , which was subsequently retracted. There is no change in the facts and circumstances in the case of Yogesh Singla and the present assessee of even a piece of sand, Therefore, for the reasons given by us in the .....

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