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“retracted statement”

Natural JusticeEvidenceEvidence725 judgments

The decision most relied on for retracted statement is Andaman Timber Industries v. CCE (281 CTR 241), cited in 1,335 judgments on BharatTax.

Leading authorities on retracted statement

Andaman Timber Industries v. CCE
281 CTR 241 · 2015 · Supreme Court
1,335
citing judgments

An assessee must be given an opportunity to cross-examine third parties whose statements are relied upon for adverse findings. Failure to provide this opportunity is a serious flaw rendering the order a nullity.

Pr. CIT v. Meeta Gutgutia
395 ITR 526 · 2017 · High Court
1,226
citing judgments

In search assessments under Section 153A, additions to income are permissible only if incriminating material is found during the search; in the absence of such material, completed assessments cannot be disturbed. A statement recorded under Section 132(4) and later retracted may not, on its own, constitute sufficient incriminating evidence for making additions.

Kishanchand Chellaram v. CIT
125 ITR 713 · 1980 · Supreme Court
962
citing judgments

An assessee is entitled to be confronted with evidence used against them and to an opportunity for cross-examination, especially when that evidence is from a third party or a retracted statement. Failure to provide such an opportunity violates the principles of natural justice.

PCIT v. Best Infrastructure (India) (P.) Ltd.
397 ITR 82 · 2017 · High Court
786
citing judgments

A statement recorded under Section 132(4) of the Income Tax Act, 1961, does not by itself constitute incriminating material for making additions to income.

Pullangode Rubber Produce Co. Ltd. v. State of Kerala
91 ITR 18 · 1973 · Supreme Court
666
citing judgments

Admissions, whether made through entries in account books or statements, are important pieces of evidence but are not conclusive. An assessee has the right to demonstrate that an admission made by them is incorrect or can be retracted.

CIT v. S. Khader Khan Son
352 ITR 480 · 2013 · Supreme Court
581
citing judgments

Statements recorded during a survey under Section 133A do not have evidentiary value as Section 133A does not empower examination on oath. Consequently, additions to income cannot be made solely based on such uncorroborated statements without other credible evidence.

CIT v. S. Khader Khan Son
300 ITR 157 · 2008 · High Court
452
citing judgments

A statement recorded under duress during a survey, if subsequently retracted, has no evidentiary value and cannot be the sole basis for an income-tax assessment; the assessment should instead rely on audited accounts.

Common Cause v. Union of India
77 Taxmann.com 245 · 2017 · Supreme Court
267
citing judgments

Additions under the Income Tax Act cannot be made solely based on entries in loose sheets, dumb documents, or mere sworn statements without independent, reliable, and cogent corroborating evidence. Uncorroborated loose papers are not admissible evidence on their own, even if the original context was criminal investigation.

Judgments citing retracted statement

DCIT, Cental Circle 2(3), Kolkata vs. Lumino Industries Limited, Merlin Acropolis, E.K.T

In the result, both the appeal of the Revenue and cross objections of the assessee are dismissed

ITA 1223/KOL/2025[2014-2015]Status: DisposedITAT Kolkata16 Sept 2025AY 2014-2015

Bench: Shri Duvvuru Rl Reddy & Shri Rajesh Kumari.T.A. No.1223/Kol/2025 Assessment Year: 2014-15 Dcit, Central Circle-2(3), Kolkata........................…...........................……….……Appellant Vs. Lumino Industries Ltd……………………............…..….…..….......……...…..…..Respondent Unit No.12/4, Merlin Acropolis, E.K.T., Kol-700107. [Pan: Aaacd9817H] C.O No.57/Kol/2025 (In I.T.A. No.1223/Kol/2025) Assessment Year: 2014-15 Lumino Industries Ltd.......................................................................……….…Cross-Objector Unit No.12/4, Merlin Acropolis, E.K.T., Kol-700107. [Pan: Aaacd9817H] Vs. Dcit, Central Circle-2(3), Kolkata ……………….…..….......……..…...…..…..Respondent Appearances By: Shri P. N. Barnwal, Cit-Dr, Appeared On Behalf Of The Revenue. Shri Akkal Dudhwewala, Fca, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : August 06, 2025 Date Of Pronouncing The Order : September 16, 2025 Order Per Rajesh Kumar: This Is An Appeal By The Revenue & Cross Objections D By The Assessee Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals) – 26, Kolkata [Hereinafter Referred To As The ‘Ld. Cit(A)’] Dated 27.03.2025 Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) For Ay 2014-15. 02. At The Outset, We Note That There Is A Delay In Filing Of The Appeal By 7 Days By The Revenue, For Which, Condonation Petition Has Been Filed. After Hearing Both The Parties & Perusing The Contents Of The Condonation Application Filed By The Revenue, We Are Of The View That The

Section 131Section 133(6)Section 143(2)Section 250Section 68

concerned, it is observed 6 I.T.A. No.1223/Kol/2025 & C.O No.57/Kol/2025 Lumino Industries Ltd that he had retracted his statement on 14.10.2014 and therefore such retracted statement was not reliable. The ld. AR also rightly relied upon the decisions rendered by the coordinate bench of this Tribunal in the cases of DCIT ... 1131/Kol/2019) and DCIT vs. Image Vinimay Ltd (IT(SS)A No. 84/Kol/2017), wherein similar additions made by the Revenue by relying on this retracted statement of Shri Jivendra Mishra were deleted. 10. In respect of the lenders M/s Vivek Tracom Pvt Ltd&M/s Paritosh Electricals

The ACIT, Central Circle-2, Rajkot vs. Shri Bhagvanji Prabhubhai Amrutiya, Morbi

In the result, cross objection filed by the assessee, ( in CO No

ITA 142/RJT/2021[2019-20]Status: DisposedITAT Rajkot29 Aug 2025AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.139/Rjt/2021 िनधा"रणवष"/ Assessment Year: 2019-2020 Asstt.Commissioner Of Income-Tax Expert Particle Board बनाम Cent.Cir.2, Rajkot. Survey No.111, 8-A National Vs. Highway B/H. Bharatinagar Iti, Ravapar Nadi Morbi 363 642. Pan : Aahfe 0299 G आयकर अपील सं /.Ita No.142/Rjt/2021 With Cross Objection No.05/Rjt/2022 िनधा"रणवष"/ Assessment Year: 2019-2020 Asstt.Commissioner Of Income-Tax Bhagvaji Prabhubhai बनाम Cent.Cir.2, Rajkot. Amrutiya, Meera Park-2 Vs. House No.1, Vavdi Road Morbi. Pan : Aiwpa 0121 A (अपीलाथ"/Assessee) : (""यथ"/Respondent) िनधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld.Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Ld.Cit-Dr सुनवाई क" तार"ख /Date Of Hearing : 05/06/2025 घोषणा क" तार"ख /Date Of Pronouncement : 29/08/2025 Order Per, Dr. Arjun Lal Saini: The Captioned Two Appeals Filed By The Revenue Pertaining To Assessment Year 2019-20 & The Cross Objection Filed By The Assessee, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income-Tax

For Appellant: Shri Mehul Ranpura, ld.ARFor Respondent: Shri Sanjay Punglia, ld.CIT-DR
Section 133ASection 143(3)Section 37Section 69ASection 69B

aware regarding any documents impounded from the office premises of Shri Bhagwanjibhai Amrutiya. Therefore, reliance made by your good self on the retracted statement is totally misplaced. It is also submitted that on being discussed with Shri Bhagwanjibhai Amrutiya regarding such document, he had stated that such agreement was drafted

The ACIT, Cen. Cir.-2, Rajkot vs. Expert Particle Board, Morbi

In the result, cross objection filed by the assessee, ( in CO No

ITA 139/RJT/2021[2019-20]Status: DisposedITAT Rajkot29 Aug 2025AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.139/Rjt/2021 िनधा"रणवष"/ Assessment Year: 2019-2020 Asstt.Commissioner Of Income-Tax Expert Particle Board बनाम Cent.Cir.2, Rajkot. Survey No.111, 8-A National Vs. Highway B/H. Bharatinagar Iti, Ravapar Nadi Morbi 363 642. Pan : Aahfe 0299 G आयकर अपील सं /.Ita No.142/Rjt/2021 With Cross Objection No.05/Rjt/2022 िनधा"रणवष"/ Assessment Year: 2019-2020 Asstt.Commissioner Of Income-Tax Bhagvaji Prabhubhai बनाम Cent.Cir.2, Rajkot. Amrutiya, Meera Park-2 Vs. House No.1, Vavdi Road Morbi. Pan : Aiwpa 0121 A (अपीलाथ"/Assessee) : (""यथ"/Respondent) िनधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld.Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Ld.Cit-Dr सुनवाई क" तार"ख /Date Of Hearing : 05/06/2025 घोषणा क" तार"ख /Date Of Pronouncement : 29/08/2025 Order Per, Dr. Arjun Lal Saini: The Captioned Two Appeals Filed By The Revenue Pertaining To Assessment Year 2019-20 & The Cross Objection Filed By The Assessee, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income-Tax

For Appellant: Shri Mehul Ranpura, ld.ARFor Respondent: Shri Sanjay Punglia, ld.CIT-DR
Section 133ASection 143(3)Section 37Section 69ASection 69B

aware regarding any documents impounded from the office premises of Shri Bhagwanjibhai Amrutiya. Therefore, reliance made by your good self on the retracted statement is totally misplaced. It is also submitted that on being discussed with Shri Bhagwanjibhai Amrutiya regarding such document, he had stated that such agreement was drafted