Rajinder Kumar v. ACIT (2024) 232 TTJ 261 / 243 DTR 297 / 38 NYPTTJ 776 (Delhi)(Trib)

S. 153A: Assessment-Search-Information from Investigation wing-Foreign Bank-The assessee has accepted the relevant documents as genuine-Not necessary to follow the procedure laid down in S. 65B of Indian Evidence Act, 1872-Admissible as evidence-Deposits in HSBC London-Income from other sources-Art. 23(3) of Indo-UK DTAA is not automatically applicable-DTAA-India-UK-Bank account showed closed status-Notional interest income cannot be estimated. [S. 90, Indian Evidence Act, 1872, S.65B, Art. 23(3)]

Held that the  assessee has not retracted the statement and proceeded to revise the return of income and paid the relevant tax. Therefore, the search was initiated to verify the information available with the Revenue through the FT&TR division of the CBDT and the same was found to be proper when confronted with the assessee. Therefore, the information collected was confirmed in the search assessment proceedings is nothing but acceptance and confirmation of the existence of such bank account. That the assessee not only revised the return of income and chose not to retract the statement. Therefore, now invoking the jurisdictional issue relying on the several case law is not acceptable at this stage. It goes to prove that the information with the Revenue is substantially correct. The material with the Revenue has to be considered proper and the action of the AO to accept the revised return of income and to complete the assessment goes to prove that the material with the Revenue can be assessable under s. 153A.  Tribunal also held that deposits in HSBC London which is admitted by assessee the income is assessable as income from other sources. The benefit of  Art. 23(3) of Indo-UK DTAA is not automatically applicable. Bank account obtained by the assessee with HSBC abroad showed closed status hence, notional interest income cannot be estimated. (AY. 2006-07 to 2012-13)

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