Carpenters Classics (Exim) (P) Ltd. v. DCIT

108 ITD 142Income Tax Appellate Tribunal2007#3189 most cited

What is Carpenters Classics (Exim) (P) Ltd. v. DCIT authority for?

When a statement is made voluntarily and not under coercion, and the assessee fails to take steps to rectify it before the relevant authorities, the retraction of such a statement later is not valid.

37

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

Carpenters Classics (Exim) (P) Ltd. v. DCIT · 108 ITD 142 · ITAT Bangalore · retraction of statement · voluntary statement · misconception of facts · onus on assessee · section 133A · section 132(4)

Judgments citing Carpenters Classics (Exim) (P) Ltd. v. DCIT

SARITHA SHIVAYYAGARI ,HYDERABAD vs. INCOME TAX OFFICER, WARD-11(3) , HYDERABAD

In the result, the appeal of the assessee is allowed

ITA 98/HYD/2020[2009-10]Status: DisposedITAT Hyderabad17 Oct 2022AY 2009-10

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2009-10 Smt. Saritha Shivayyagari Vs. Income Tax Officer Hyderabad. Ward 11(3) Pan:Bkqps0479M Hyderabad (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan, Ca Revenue By: Shri Kumar Aditya, Dr Date Of Hearing: 03/10/2022 Date Of Pronouncement: 17/10/2022 O R D E R Per Laliet Kumar, J.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.10.2019 Passed By The Learned Commissioner Of Income Tax (Appeals) – 1, Hyderabad Relating To A.Y.2009-10. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Order Of The Learned Cit (A) In Sustaining The Disallowance Of Rs.63,75,185/- Made By The Assessing Officer U/S 143(3) R.W.S. 147 Of The I.T. Act, 1961. Ita 98/Hyd/2020

For Appellant: Shri P. Murali Mohan, CAFor Respondent: Shri Kumar Aditya, DR
Section 131Section 142(1)Section 143(2)Section 143(3)Section 148

…ed, onus lies with the assessee to prove that the declaration is made out of misconception as held by ITAT Ahmedabad Bench in the case of Bhogilal Moolchand 96 ITD 344. The decision held in the case of Carpenters Classics (Exim) (P) Ltd. Vs DCIT ( ITAT, Bang) 108 ITD 142 squarely applicable in the case. It is held that:- "When statement was made voluntary and was not alleged to have been obtained under threat or coercion, onus was on assessee to prove that said declaration was made under any misconception of facts - Since assessee had not taken any steps to rectify its declaration before authorities before whom s…

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