Dismissing the appeal of the revenue the Court held that, addition cannot be made only on the basis of statement of managing director recorded u/s 131 during survey, without any corroborative evidence. Assessing Officer could not make additions to income of assessee-company only on basis of sworn statement of its managing director recorded under section 131 during course of survey without support of any corroborative evidence. Circular CBDT Circular in F. No. 286/98/2013-IT (Inv.II) dated 18-12-2014. (AY. 2014 -15)
ITO v. Toms Enterprises. (2019) 175 ITD 607/199 TTJ 758/ 180 DTR 235 (Cochin)(Trib.)
S. 133A : Power of survey -Sworn statement–Addition cannot be made only on the basis of statement of managing director recorded u/s. 131 during survey, without any corroborative evidence. [S. 131, 132(4) ,143(3), Evidence Act, 1878, S. 18]