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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 ..... ion- I, Ernakulam and two others/Revenue are the respondents. The assessee being aggrieved by the order dated 15.01.2018 in IT(SS)A NO.67/Coch/2005 filed the instant appeal by raising the following substantial questions of law: I) Whether the authorities below were right in relying solely on the statement given by the appellant under Section 132(4) of the Income Tax Act to make additions in the income of the appellant? Are not the authorities below including the Tribunal in error in discarding Annexure D statement given by the assessee and the lack of corroborative materials on the side of the revenue in the matter? ii) Whether addition based on statements given under Section 132(4) of the Income Tax Act should be supported by corrobora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .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. 98/200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement. The fact that he was served a copy of the statements only on 27.7.1999, cannot in any manner justify the delay on the part of the assessee in retracting from his statement, especially in a case where the assessee even in his letter of retraction does not state that he was unaware of the contents of the statements recorded till he received a copy thereof on 27.7.1999. For this reason, according to us, the retraction of the statements made is only to be ignored and the matter has to be taken to its logical conclusion. 12. Though the law has already been declared by this Court, reading of the Tribunal's order shows that the Tribunal seems to harbour the impression that whenever the assessee wants to retract the statement, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arises the presumption that in respect of any of the additions made by the Assessing Officer the basis is completely erased by the statement in Annexure-D. Therefore, unless and until, there is sufficient material, the additions which are now confirmed by the Tribunal by exclusively referring to the statement recorded on 22.06.1998 is illegal and to that extent he prays for setting aside the order of the Tribunal confirming the additions made by the Assessment Officer in Annexure-E order dated 09.06.2000. 7. Per contra, Sir. P.K.R menon contends that the judgment between the parties in Annexure-I dated 07.07.2015 as relevant and bearing on further consideration to be undertaken by the Tribunal upon remand of case by this Court. The judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure- I judgment and no exception to the procedure followed by the Tribunal could be taken by the assessee in further round of litigation. He argues with vehemence that this Court while considering the legality of 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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