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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

Deputy Commissioner of Income Tax, Chennai vs. Sujai Anand Reddy, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 617/CHNY/2025[2019-20]Status: DisposedITAT Chennai19 Aug 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.617/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 The Deputy Commissioner Of Vs. Sujai Anand Reddy, No. 4, 10Th Street, Nandanam, Income Tax, Central Circle 2(3), Chennai 600 035. Chennai. [Pan: Aakps5124P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. E. Pavuna Sundari, Cit ""थ" की ओर से/Respondent By : Shri K. Mohan Das, Ca सुनवाई की तारीख/ Date Of Hearing : 08.07.2025 घोषणा की तारीख /Date Of Pronouncement : 19.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 11.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 19, Chennai, For The Assessment Year 2019-20. 2. The Appellant-Revenue Raised 6 Grounds Of Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Deleting The Addition Made By The Assessing Officer In The Facts & Circumstances Of The Case.

For Appellant: Ms. E. Pavuna Sundari, CITFor Respondent: Shri K. Mohan Das, CA
Section 132Section 142(1)Section 143(3)Section 153ASection 69

unsustainable in the eyes of law. The assessment was based on uncorroborated third-party documents and a retracted statement without any independent evidence to substantiate the alleged loan transaction. Accordingly, all the grounds raised upon this issue are hereby treated as allowed and the AO is directed to delete ... find that the assessment was based on uncorroborated third-party documents. We also note that the Assessing Officer has not given evidentiary value of retracted statement and moreover, there is no independent evidence before the Assessing Officer to substantiate the alleged loan transaction. Thus, we are of the considered opinion