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TMI Blog2019 (3) TMI 2067X X X X Extracts X X X X X X X X Extracts X X X X ..... of appreciation of evidence would definitely come into play and while appreciating the rival contentions Court would definitely require corroboration of the confessional statement by credible and tangible evidence failing which, it will be considered totally unsafe to rely solely upon the confession for upholding the liability fastened upon the assessee by the ACIT. Since, in the case at hand, admittedly, the Income Tax Authorities did not collect any tangible, corroborative evidence so as to substantiate the allegation of undisclosed income, manifestly, the view taken by the ITAT in the impugned judgment that the department failed to provide cogent, tangible and satisfactory evidence regarding the additional undisclosed income of the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see made during the search and survey proceedings were retracted after significant delay and thus, the burden would be upon the maker of the statement to prove that the statement given by him was factually incorrect or was untenable in law. He urged that a confession of additional undisclosed income made during the course of search/seizure and survey proceedings, is admissible in law without any corroboration and as such, the I.T.A.T. was absolutely unjustified in holding that the confessional statement of the assessee could not be relied upon for want of corroboration. He thus urged that the appeal deserves to be admitted on this substantial question of law. 4. Per contra, Shri Anil Bhansali learned counsel representing the respondent asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leads to information on what has not been disclosed or is not likely to be disclosed before the Income-tax Department. Similarly, while recording statement during the course of search seizure and survey operations no attempt should be made to obtain confession as to the undisclosed income. Any action on the contrary shall be viewed adversely. Further, in respect of pending assessment proceedings also, Assessing Officers should rely upon the evidences/materials gathered during the course of search/survey operations or thereafter while framing the relevant assessment orders. Instruction : F.No. 286/2/2003-IT(Inv.II),dated 10.3.2003 5. He urged that it has clearly been provided in the above statutory guideline that confessions extracted durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In this background, we are of the firm opinion that the circular No. 286/2/2003-IT (Inv.II) dated 10.3.2003 which has been reiterated in circular F.No.286/98/2013-IT (Inv.II) dated 18.12.2014 issued by the Board and the general principles of appreciation of evidence would definitely come into play and while appreciating the rival contentions, the Court would definitely require corroboration of the confessional statement by credible and tangible evidence failing which, it will be considered totally unsafe to rely solely upon the confession for upholding the liability fastened upon the assessee by the ACIT. Since, in the case at hand, admittedly, the Income Tax Authorities did not collect any tangible, corroborative evidence so as to substa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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