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TMI Blog2025 (3) TMI 714X X X X Extracts X X X X X X X X Extracts X X X X ..... the decision of Subhash Khattar [2017 (7) TMI 1091 - DELHI HIGH COURT] and of Pilot Industries Ltd [2022 (10) TMI 1060 - DELHI HIGH COURT] we are of the considered view, that no addition is required to be made in the present case. Appeal of assesee allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... g cash investment of Rs. 1,77,50,000/- over a period of years, however, the said statement, reportedly recorded in duress, was retracted the very next day on 11.02.2012. The Ld. Counsel informed that the bank lockers etc. were opened and consequently another statement was recorded on 04.04.2012 forcing the assessee, under coercive influence with threats and intimidation, to reaffirm the impugned admission of making cash investment of Rs. 1,77,50,000/-. It is the case of the assessee that the said statement was also no given with any free will. 4. The Ld. Counsel argued that no case for any addition is made out and that the decision of Ld. First Appellate Authority deserves to be over- ruled. It is the case of the assessee that the statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of Pilot Industries (supra), Hon'ble Delhi High Court has held that addition U/s 153A can only be made in respect of documents seized during course of search proceedings. Hon'ble High Court has held that decision of Kabul Chawla case is relevant considering that no stay has been granted by the Hon'ble Apex Court. The Ld. Counsel for the assessee further relied upon the decision of Hon'ble Delhi High Court in the case of Subhash Khattar, ITA 60/2017 dated 25.07.2017. It was contended that the impugned decision is squarely covered with the present case. In the case of Subhash Khattar (supra), Revenue had made additions on the basis of document seized during search in Aerens Groups. Hon'ble High Court held that notice U/s 153A was misc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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