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The assessee requested to the Ld. AO to furnish the statement recorded u/s. 132(4) of the Act which was not provided and the assessee retracted the statement through an affidavit confirming that the search officers recorded contrary to the answer given by them and such statements are not voluntarily and not the reliable evidence as signed under pressure. Further there is no independent and cogent evidence to corroborate the statement.The moot question in these circumstances that whether these statements are voluntarily and can be considered as reliable evidence. ITAT Pune decided on 24 June, 2021 in the case DCIT vs Shikshana Prasaraka Mandali. Kindly click the link to get full order. FCA bpmundra 9314501680 bpmundra2@gmail.com.
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An assessee has not filed the appeal. Now while filing cross objection on appeal filed by the department, the assessee submit an application in Rule 27 of the Appellate Tribunal Rules raising a new ground on which neither any decision rendered by the CIT(A) nor such ground was raised in appeal to CIT(A). The moot question is can the assessee file an application? ITAT Pune decided on 24 June, 2021 in the case DCIT vs Shikshana Prasaraka Mandali. Best Course of action is to file appeal and if there is delay in appeal then file with an application of condonation of delay. Kindly click the link to get full order. FCA bpmundra 9314501680 bpmundra2@gmail.com.
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Q.Consequences of issue of penalty u/s 271(1)(c) without mentioning whether the notice is for concealment or the notice for furnishing of inaccurate particulars. ITAT Delhi decided the order on 3.11.2021 in the case of Acit, Central Circle-18, New … vs Inayatali Esmail Soomar, , Delhi. Kindly click the link to get full order.
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दिल्ली हाईकोर्ट ने 1 अगस्त 2017 को फैसला देते हुए कहा कि आयकर छापे के दौरान धारा 132 4 में लिए गए स्टेटमेंट अपने आप में incriminating material नहीं है केवल इस आधार पर ना तो assumption of jurisdiction u/s 153 A हो सकता है और ना ही कोई एडिशन किया जा सकता है.PCIT vs.BEST INFRASTRUCTURE (INDIA) PVT. LTD. & ORS. IT-CASES-208-2020
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Section 147, 132 Gujarat High Court on 25 February, 2020 held that when Search and seizure of incriminating material is at third party and have not in the name of or in hand writings or signature of the assessee, also no such transaction is with third party then in the absence of any other independent material to corroborate the statement of third party no addition can be made. it-cases-205-2020
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BANGALORE TRIBUNAL on 4.6.2019 held that 271(1)(c) – non strike of limb in SCN-No penalty can be imposed. DESAI AND COMPANY vs. DCIT