On appeal to Tribunal, it was held that the AO failed to produce any incriminating material that can quantify the surrendered income of
Rs. 15 crores during the course of search. The Tribunal held that additions made only on the basis of a statement that has been retracted immediately thereafter were not sustainable. Thus, Tribunal upheld the order of CIT(A) in deleting the additions of Rs. 15 crores in the hands of the assessee. (ITA. No. 1762 ,2726/Delhi/2012) (AY.2007-08)
Rajiv Gulati v. ACIT (2018) 62 ITR 7 (Delhi) ( Trib.)
S. 153A: Assessment – Search- No addition can be made merely on the basis of statement recorded at the time of search without any corroborative evidence found against the assessee. [ S.132(4) ]