Pr. Commissioner of Income Tax, Delhi-2 vs. M/S Bose Corporation (India) Pvt. L to
The appeal is allowed to the above extent
ITA/462/2016HC Delhi23 Aug 2016
Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MS. JUSTICE DEEPA SHARMA
Section 21Section 23Section 28
…and the sustainability of a conviction, based solely on such a statement, which is not appropriately retracted, is in a state of flux. 16. In this context, it is also relevant to note the judgment of the Supreme Court in U.O.I. v. Bal Mukund, (2009) 12 SCC 161, which holds that there was a presumption, in the case of recording of the statement under Section 67 of the Act in the office of the Narcotics Control Bureau (hereafter referred to as ―NCB‖), that the statement was not voluntary. This principle, it may easily be surmised, would apply with even greater force where the statement is recorded by…