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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

Jt CIT (OSD) Central Circle1(4), Mumbai vs. Parel Graphic Print Pvt Ltd, Mumbai

In the result, ITA number 880/M/2022 filed by the learned assessing officer is dismissed

ITA 880/MUM/2022[2012-13]Status: DisposedITAT Mumbai09 Nov 2022AY 2012-13

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am Jt. Commissioner Of Income Podar Media Magazine & Tax Graphics Prints Pvt. Ltd. (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaecp9649K Jt. Commissioner Of Income Parel Graphic Prints Pvt Tax Limited (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aagcp2425D Assessee By : Ms. Nishitamandalaywala, Ar Revenue By : Mr. Nimesh Yadav, Cit Dr Date Of Hearing: 10.08.2022 Date Of Pronouncement: 09.11.2022

For Appellant: Ms. NishitaMandalaywala, ARFor Respondent: Mr. Nimesh Yadav, CIT DR
Section 132Section 133(6)Section 143(2)Section 143(3)Section 153CSection 56(2)(viib)Section 68

several persons. It is also a fact that such statements have been retracted. We are not on the issue that whether such a retracted statements have any evidentiary value or not but we are on the issue whether the statement of 3rd party can be said to be an incriminating ... incriminating material, based on which addition could be made in the hands of the assessee. 024. In view of this, such retracted statement cannot be considered to be an incriminating material based on which the assessment of the assessee can be disturbed u/s 153C of the act. Accordingly

Joint CIT (OSD) Central Circle-1(4), Mumbai vs. Podar Media Magazine & Graphics Prints Pvt Ltd, Mumbai

In the result, ITA number 880/M/2022 filed by the learned assessing officer is dismissed

ITA 874/MUM/2022[2013-14]Status: DisposedITAT Mumbai09 Nov 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am Jt. Commissioner Of Income Podar Media Magazine & Tax Graphics Prints Pvt. Ltd. (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaecp9649K Jt. Commissioner Of Income Parel Graphic Prints Pvt Tax Limited (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aagcp2425D Assessee By : Ms. Nishitamandalaywala, Ar Revenue By : Mr. Nimesh Yadav, Cit Dr Date Of Hearing: 10.08.2022 Date Of Pronouncement: 09.11.2022

For Appellant: Ms. NishitaMandalaywala, ARFor Respondent: Mr. Nimesh Yadav, CIT DR
Section 132Section 133(6)Section 143(2)Section 143(3)Section 153CSection 56(2)(viib)Section 68

several persons. It is also a fact that such statements have been retracted. We are not on the issue that whether such a retracted statements have any evidentiary value or not but we are on the issue whether the statement of 3rd party can be said to be an incriminating ... incriminating material, based on which addition could be made in the hands of the assessee. 024. In view of this, such retracted statement cannot be considered to be an incriminating material based on which the assessment of the assessee can be disturbed u/s 153C of the act. Accordingly