Assessing Officer on basis of such statement made during search proceedings made additions by treating share application money of assessee as undisclosed income. On appeal the CIT(A) deleted addition based on the retracted statement of the director and also on the ground that the Assessing Officer had failed to bring on record any evidence in support of writing with pen on printouts taken out from pen drive and there was no cash trail or any other corroborative evidence or investigation. Tribunal upheld the order of the Commissioner (Appeals). On appeal by the revenue dismissing the appeal the court held that since entire matter revolving on facts had been appreciated and re-appreciated by both Commissioner (Appeals) and Tribunal, no substantial question of law arose for consideration. (AY. 2013-14, 2015-16)
PCIT v. Golden Goenka Fincorp Ltd. (2023) 292 Taxman 159 (Cal.)(HC)
S. 68 : Cash credits-Share capital-Statement during search-Statement was retracted-Order of Tribunal deleting the addition was affirmed. [S. 132(4), 260A]