“retracted statement”

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

cannot be relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\nAddition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

cannot be relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\nAddition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

facts. Moreover, the recorded was wrong/containing factually incorrect facts. Moreover, the recorded was wrong/containing factually incorrect facts. Moreover, the statements were r statements were retracted. statements were r statements were r etracted. etracted. etracted. The Assessing Officer has made additions treating certain purchases as genuine. The disallowance is primarily based ... cannot be relied upon in isolation;  The Assessing Officer must examine the explanation with reference to books of account;  Addition based solely on a retracted statement without corroboration is not tenable. The Court specifically observed that even where retraction is delayed, the AO is not absolved from examining the explanation

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

cannot be relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\nAddition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

facts. Moreover, the recorded was wrong/containing factually incorrect facts. Moreover, the recorded was wrong/containing factually incorrect facts. Moreover, the statements were r statements were retracted. statements were r statements were r etracted. etracted. etracted. The Assessing Officer has made additions treating certain purchases as genuine. The disallowance is primarily based ... cannot be relied upon in isolation;  The Assessing Officer must examine the explanation with reference to books of account;  Addition based solely on a retracted statement without corroboration is not tenable. The Court specifically observed that even where retraction is delayed, the AO is not absolved from examining the explanation

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

cannot be relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\nAddition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

cannot be relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\nAddition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

VESTIGE MARKETING PVT LTD,DELHI vs. DCIT CENTRAL CIRCLE -05 , DELHI

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

facts. Moreover, the recorded was wrong/containing factually incorrect facts. Moreover, the recorded was wrong/containing factually incorrect facts. Moreover, the statements were r statements were retracted. statements were r statements were r etracted. etracted. etracted. The Assessing Officer has made additions treating certain purchases as genuine. The disallowance is primarily based ... cannot be relied upon in isolation;  The Assessing Officer must examine the explanation with reference to books of account;  Addition based solely on a retracted statement without corroboration is not tenable. The Court specifically observed that even where retraction is delayed, the AO is not absolved from examining the explanation

VESTIGE MARKETING PVT LTD,DELHI vs. DCIT, CENTRAL CIRCLE-05, DELHI

relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\n➤ Addition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation with ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

VESTIGE MARKETING PVT LTD,DELHI vs. DCIT CENTRAL CIRCLE-05, DELHI

cannot be relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\nAddition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

VESTIGE MARKETING PVT LTD,DELHI vs. DCIT, CENTRAL CIRCLE- 05, DELHI

cannot be relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\nAddition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

VESTIGE MARKETING PVT LTD,DELHI vs. DCIT, CENTRAL CIRCLE-05, DELHI

cannot be relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\nAddition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

VESTIGE MARKETING PVT LTD,NEW DELHI vs. DCIT, CENTRAL CIRCLE- 05, DELHI

cannot be relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\nAddition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

VESTIGE MARKETING PVT. LTD.,DELHI vs. DCIT, CENTRAL CIRCLE- 05, DELHI

cannot be relied upon in isolation;\nThe Assessing Officer must examine the explanation with\nreference to books of account;\nAddition based solely on a retracted statement without\ncorroboration is not tenable.\nThe Court specifically observed that even where retraction is delayed,\nthe AO is not absolved from examining the explanation ... statement\nunder Section 132(4) of the Act. He submitted that the addition\nof Rs.86 lakhs solely on the basis of the said retracted statement\nas, therefore, permissible.\n13. The narration of facts hereinabove shows that the Assessee\ndid not simply retract the statement made by him during the\ncourse

DCIT CENTRAL CIRCLE -28, NEW DELHI, NEW DELHI vs. MANOJ KUMAR SINGH, NEW DELHI

In the result, appeal filed by the assessee is allowed in above terms and the appeal of the Revenue is dismissed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

erred in law and on the facts of the case in confirming the additions made on the basis of retracted statements and various inadmissible electronic data/evidence, excel sheets, etc. which does not constitute valid evidence in law, inter alia, as per provisions of law and were collected without adherence ... alleged unaccounted cash transaction in peak calculation instead of completely deleting the same. The addition is based on incorrect facts, unreliable and unsubstantiated data, retracted statements rendering it legally unsustainable. Unaccounted receipt of commission (INR 21,40,000/-) 10.2. Because Ld. CIT(A) has erred

MANOJ KUMAR SINGH,DELHI vs. DCIT(A) CENTRAL CIRCLE-28, DELHI

In the result, appeal filed by the assessee is allowed in above terms and the appeal of the Revenue is dismissed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

erred in law and on the facts of the case in confirming the additions made on the basis of retracted statements and various inadmissible electronic data/evidence, excel sheets, etc. which does not constitute valid evidence in law, inter alia, as per provisions of law and were collected without adherence ... alleged unaccounted cash transaction in peak calculation instead of completely deleting the same. The addition is based on incorrect facts, unreliable and unsubstantiated data, retracted statements rendering it legally unsustainable. Unaccounted receipt of commission (INR 21,40,000/-) 10.2. Because Ld. CIT(A) has erred

ALOK & CO LLP,DELHI vs. DCIT,CENTRAL CIRCLE-28, DELHI

In the result, appeal filed by the assessee are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

liable to be deleted. 9. On the facts and circumstances of the case and in law, the AO has erred in relying upon the retracted statements and material seized from the residential premises of Mr. Sunil Kumar Gupta without providing an opportunity to cross-examine despite specific request

ALOK & CO LLP,DELHI vs. DCIT,CENTRAL CIRCLE-28, DELHI

In the result, appeal filed by the assessee are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

liable to be deleted. 9. On the facts and circumstances of the case and in law, the AO has erred in relying upon the retracted statements and material seized from the residential premises of Mr. Sunil Kumar Gupta without providing an opportunity to cross-examine despite specific request