PCIT(C)-3 V. ANAND KUMAR JAIN (HUF) (DELHI)(HC), WWW.ITATONLINE.ORG

S. 153A : Assessment – Search-Assessment on the basis of alleged incriminating material (being the statement recorded under 132(4) of the Act) is not valid. The Assessee also had no opportunity to cross-examine the said witness [ S. 132 , 153C ]

A statement recorded u/s 132(4) has evidentiary value but cannot justify the additions in the absence of corroborative material. (ii) The statement also cannot, on a standalone basis, constitute ‘incriminating material’ so as to empower the AO to frame a block assessment u/s 153A (iii) If the statement was recorded in the course of search conducted in the case of a third party, and assuming the statement is construed as ‘incriminating material belonging to or pertaining to a person other than person searched’, the only legal recourse available to the department is to proceed in terms of S. 153C of the Act by handing over the same to the AO who has jurisdiction over such person. An assessment framed u/s 153A on the basis of alleged incriminating material (being the statement recorded under 132(4) of the Act) is not valid. The Assessee also had no opportunity to cross-examine the said witness  ( ITA No.  23/2021 & Cm Appl. 5385/2021 dt. . 12.02.2021)