Allowing the appeal of the assessee the Tribunal held that, merely on the basis of statement, addition cannot be when the statement was retracted and detailed explanation with supporting evidence was fled in the course of assessment proceedings.  The Tribunal held that the AO had simply ignored the evidence and had made the addition merely on the basis of the letter submitted by the assessee which stood retracted later. Moreover, the surrender was not under oath. The Assessing Officer had not brought any material to rebut the explanation of the assessee. S. 133A does not empower any Income-tax authority to examine any person on oath and therefore any admission made in a statement recorded during survey cannot by itself be made the basis of addition. Thus the addition was not tenable in the eyes of law and was deleted. (AY. 2012-13)