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TMI Blog2022 (4) TMI 1321X X X X Extracts X X X X X X X X Extracts X X X X ..... l is placed by the assessee before the tribunal in spite of observation made by this Court to erase the impact of statement in Annexure-C. Unless and until illegality or infirmity is made out against the findings recorded by the tribunal, this Court if considers the substantial questions exclusively by referring to the judgments on which the assessee is relying upon, would virtually be disturbing what has been already recorded as a relevant circumstance by this Court in Annexure-I judgment between the parties. We are convinced that the grounds raised are not available in the circumstances of this case, the assessee failed to demonstrate existence of question of law against any of the findings confirmed by the Tribunal. Further with the affirmation of the findings by the Tribunal, the concurrent view taken by the Commissioner and the Tribunal is also kept in mind, we see no reason to interfere with the order under appeal. Excepting the answered ground, no other ground is urged by the assessee. - Decided in favour of revenue. - ITA NO. 13 OF 2018 - - - Dated:- 30-9-2021 - THE HONOURABLE MR.JUSTICE S.V.BHATTI AND THE HONOURABLE MR.JUSTICE VIJU ABRAHAM APPELLANTS: SRI.K.I.MAYA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .07.1999, and the appellant through Annexure-D dated 28.07.1999 retracted the statement given by the appellant to first respondent on 22.06.1998. The first respondent completed the assessment through Annexure-E order dated 09.06.2000. The assessee filed appeal before the Commissioner of Income Tax (Appeals) (for short, CIT (Appeals)) and the CIT (Appeals) on 23.12.2004 allowed the appeal filed by the assessee in part. The grievance of the assessee against the order of the CIT (Appeals) is that the CIT (Appeals) ignored the retracted statement as per Annexure-D while making the order in Annexure-F. The assessee filed second appeal before the Income Tax Appellate Tribunal, Cochin and on 24.10.2008 the Tribunal deleted the additions made by the Assessing Officer in Annexure-E Assessment Order dated 09.06.2000, particularly by referring to the statement recorded in Annexure-C and also alternatively the retraction made in Annexure-D. The revenue filed ITA No. 98/2009 before this Court and this Court on 07.07.2015 through Annexure- I judgment, set aside the order of the Tribunal dated 24.10.2008 and remitted the matter to Tribunal for consideration and disposal in accordance with the law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal should have given due evidentiary value that the statements of the assessee deserve under Section 132(4) of the Act and with reference to the other materials produced by the Revenue, decided the appeal in accordance with law. This has not been done by the Tribunal and for that reason, we set aside the impugned order and dispose of the appeal answering the questions in favour of the Revenue. The matter will stand remitted to the Tribunal and the Tribunal will re-consider the appeal filed by the assessee with notice to the parties in accordance with law. 5. The Tribunal through the order impugned, has allowed the appeal in part. Hence the second appeal at the instance of assessee. 6. Learned counsel appearing for the assessee relied on the judgments reported in Kailashben Manharlal Chokshi Vs. Commissioner of Income Tax [2010] 328 ITR 411 (guj) and M.Narayanan and Bros. V. Assistant Commissioner of Income Tax [2011] 339 ITR 192 (MAD) for the proposition that the statement record at wee hours cannot be considered as voluntary statement and that the retracted statement of the assessee in Annexure-D arises the presumption that in respect of any of the additions m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order under appeal ought not to disturb any of the findings recorded by this Court in Annexure-I judgment dated 07.07.2015. He prays for dismissing the appeal. 8. As we have already noted, the solitary ground of challenge laid by the assessee against the order of the Tribunal is whether the Tribunal in law and fact is entitled to rely on the statement by the assessee on 22.06.1998 and /or whether the assessee by referring to the judgments relied on in Kailashben Manharlal Chokshi and M.Narayanan and Bros. Cases (supra) could be allowed to contend that the statement in Annexure-C should completely be excluded and additions made by the Assessment Officer are reversed. 9. We have excerpted the operative portion of the judgment of this Court in ITA No.98/2009. This court has reiterated very precisely upon appreciating the chronology of the dates, events and consequence of the statements made by the assessee at various points in time. This Court observed that the appreciation of principle of law by the Tribunal for excluding the original statement by referring to the retracted statement of the assessee was found to be illegal and erroneous. The cumulative effect of these tw ..... X X X X Extracts X X X X X X X X Extracts X X X X
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