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TMI Blog2022 (6) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... r the A.Y. 2011-12. By way of Tax Appeal No. 176 of 2022, the Revenue has challenged the order dated 29.09.2021 passed by the Income Tax Appellate Tribunal, "A" Bench, Ahmedabad in C.O. No.110/Ahd/2019 for A.Y.2011-12. 2. The Revenue has proposed the following questions for consideration of this Court in both the Appeals: Tax Appeal No.174 of 2022: [A] "Whether on the facts and circumstances of the case and in law, the Appellate Tribunal has erred in upholding the decision of the CIT(A) deleting the addition of Rs.2,89,83,750/- without appreciating the fact that the assessee himself admitted involvement in land transactions and provided the information related to the land sold at Zundal and Chandkheda, and also admitted receipt of Rs.3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the partners and merely filed the retraction affidavit without any supporting or cogent evidences?" [E] "Whether the Appellate Tribunal has failed to appreciate the fact that the assessee remained non compliant during the post search proceedings and filed retraction affidavit almost after 6 months which cannot be accepted as the assessee voluntarily admitted the receipt of Rs.3 crores as commission in the statement recorded u/s.131 of the Act on 13.06.2013?" [F] "Whether the Appellate Tribunal has failed to appreciate the fact that the assessee filed the retraction affidavit after a long gap of 6 months without any corroborative evidences even when the onus was on the assessee to prove that the statement was taken under coercion and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e CIT(A) deleting the addition of unaccounted brokerage of Rs.68 Lakh as affirmed by the ITAT and the second issue is with regard to addition of Rs.3 Crore on the basis of the statement made by the assessee as recorded under Section 131 of the Act. The statement, however, recorded under Section 131 of the Act, later came to be retracted by the assessee. 4. On both the aforesaid issues or rather to put in other words, on all the proposed questions of law, there are findings of the fact recorded by the Tribunal in its impugned order. 5. We have looked into in the line of reasoning adopted by the Tribunal right from para 4.4 or the order till para 11.9, so far as the addition of Rs.68 Lakh is concerned and from para 17 onwards, so far as the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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