The Assessing Officer made additions on the basis of diary entries maintained by an employee and statements recorded during search proceedings. Both the employee and the director subsequently retracted their statements, and no independent enquiry or corroborative evidence was brought on record. The Tribunal held that loose papers or personal diaries maintained by an employee, without independent corroboration, cannot constitute the sole basis for addition. The additions under the head capital gains and section 69A were accordingly deleted. (AY. 2014-15 to 2017-18, 2019-20 to 2022-23)
Estate Investment Company (P.) Ltd. v. DCIT (2025) 238 TTJ 585 (Mum)(Trib).
S. 69A: Unexplained money-Search & seizure-Addition based solely on employee’s diary and retracted statements-Not sustainable. (S. 132, 132(4A) 153A)
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