R. KANTILAL & CO.,MUMBAI vs. DCIT, CC-6(1), MUMBAI
In the result the appeal of the assessee are partly allowed and the appeals of the revenue are dismissed
ITA 7090/MUM/2018[2012-13]Status: DisposedITAT Mumbai27 Sept 2022AY 2012-13
Bench: Shri Amarjit Singh & Ms. Kavitha Rajagopalita Nos.7088 To 7090/Mum/2018 (A.Ys. 2008-09, 2009-10 & 2012-13) M/S R. Kantilal & Co. Vs. Dcit, Cc-6(1) Tower-F(W),Office No. Income Tax Office, 7030, Bharat Diamond 19Th Floor, Air India Bourse, Block, Bandra Building, Nariman Point, Kurla Complex, Mumbai – 400 021 Bandra (E), Mumbai – 400 051 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aacfr5384C Appellant .. Respondent
For Appellant: Nishit GandhiFor Respondent: Dharm Veer Singh &
Section 153ASection 68
…Court) as under.- “Retraction from the statement during the assessment proceedings was not valid as no plausible explanation has been furnished as to why the said statement could not be withdrawn earlier.” 7.16. In the case of RamjasNawalVs. CIT &Anr., (2003) 183 CTR 144, (Raj.). it was held as under:- “….If statements are given under threat or duress, the assessee can retract from his statements given under threat or duress during search. But the material on fact shows otherwise.” 7.17. In the case of Puram Anand Builders Pvt. Ltd. Vs ПTO, (1996) 56 TTJ (Mumbai) 21:59 ITD 29, the Hon'ble ITAT has held as under:…