A search was carried out at business premises of assessee-company on 11-0-2014. In course of search proceedings, statement of director Shri Bannala of assessee-company was recorded under S. 132(4) admitting certain undisclosed income. Subsequently on 4-12- 2014 statement of the Director was again recorded. In the return of income the amount disclosed was not offered. Non disclosure of income in the return of income will amount to retraction of the statement. AO made addition to assessee’s income on basis of statement given by its director. Confirming the addition the Tribunal held that that statement had been recorded in presence of independent witness hence the retraction was not valid . On appeal High Court held that mere fact that director of assessee-company retracted statement at later point of time, could not make said statement unacceptable and burden lay on assessee to show that admission made by director in his statement was wrong and such retraction had to be supported by a strong evidence showing that earlier statement was recorded under duress and coercion. On facts as the asessee has failed to discharge the burden order of Tribunal is affirmed.
Bannalal Jat Constructions (P.) Ltd. v. ACIT (2019) 106 taxmann.com 127 / 264 taxman 6 (Raj.)(HC) Editorial: SLP of assessee is dismissed, Bannalal Jat Constructions (P.) Ltd. v. ACIT (2019) 264 Taxman 5 (SC)
S. 132(4) : Search and seizure-Statement on oath–Addition made on the basis of statement on oath–Subsequent retraction- Statement recorded during the course of action which was in presence of independent witness has overriding effect over the subsequent retraction- Addition is held to be valid. [S. 131, 132, 292C]