ACIT Cen Cir-9, Mumbai vs. Shreepati Computer Centre, Mumbai
In the result, the appeal of the assessee is allowed as above
ITA 1528/MUM/2009[2002-2003]Status: DisposedITAT Mumbai18 Aug 2016AY 2002-2003
Bench: Shri Shailendra Kumar Yadav & Shri Rajesh Kumar.
For Appellant: Mr. Arvind Sinde, A.RFor Respondent: Mr. Manju Nathaswami
Section 10ASection 132(1)Section 80H
…ome material that such admission was made under a mistake or misconception of facts, no addition can be made solely on the basis of such admission, Further, addition based on retracted declaration is not safe. In another case of ITO vs Leela Devi Badola(2008) 116 TTJ 214(Jodh) it was observed that though a surrender on the basis of the statement recorded during survey is binding on the assessee, he is entitled to retract from the same, if the assessee leads infallible evidence to show that the surrender was extracted by coercion or was made with a misunderstanding. Similar decisions were rendered in Prabal Lakhot…