| COURT: | ITAT Jaipur |
| CORAM: | R. P. Tolani (JM), T. R. Meena (AM) |
| SECTION(S): | 143(3), 153A |
| GENRE: | Domestic Tax |
| CATCH WORDS: | admission of undisclosed income, incriminating material, retraction, search and seizure |
| COUNSEL: | Rakesh Gupta |
| DATE: | May 29, 2015 (Date of pronouncement) |
| DATE: | June 2, 2015 (Date of publication) |
| AY: | 2008-09 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 143(3)/153A: Addition made solely on the basis of a disclosure and without any incriminating material is not sustainable if facts show that disclosure was under duress. CBDT Instruction dated 10.03.2003relied upon | |
A perusal of the CBDT instruction reveals that even Board is aware of such laconic disclosures and expects its officers to rely on incriminating evidence. Thus CBDT also is not in favor of search assessments being based only on such disclosures; it wants them to be based on incriminating material. In view the facts, circumstances, CBDT instruction and various case laws relied on by the assessee we are unable to uphold the additions solely on the basis of disclosure which doesn’t meet the eye and have been held by us to involuntary
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