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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

Shailesh J Jogavi, Mumbai vs. DCIT CC 5 (3), Mumbai

The appeals of the assessee are allowed for statistical purposes

ITA 6558/MUM/2019[2010-11]Status: DisposedITAT Mumbai22 Mar 2022AY 2010-11

Bench: Shri Kuldip Singh & Shri Gagan Goyalassessment Year: 2010-11 Shri Shailesh J. Jogani, Dcit, Central Circle-5(3), Dw-3010, Room No.1906, 19Th Floor, Bharat Diamond Bourse, Vs. Bandra Kurla Complex, Air India Building, Bandra (East), Nariman Point, Mumbai – 400 051 Mumbai Pan: Aebpj3548M (Appellant) (Respondent) Assessment Year: 2010-11 M/S. S. Jogani Exports Pvt. Dcit, Central Circle-5(3), Ltd., Room No.1906, 19Th Floor, Dw-3010, Bharat Diamond Bourse, Vs. Air India Building, Bandra Kurla Complex, Nariman Point, Bandra (East), Mumbai – 400 021 Mumbai – 400 051 Pan: Aalcs4862J (Appellant) (Respondent)

For Appellant: Shri Bhupendra Shah, A.RFor Respondent: Shri Amol B. Kirtane, D.R
Section 129Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

addition has been made on the basis of statement of assessee as well as statement of Shri Rajendra Jain and Shri Dharmchand Jain but “retracted statement” of the assessee has not been taken into consideration. This factual position has not been controverted by the Ld. D.R. for the Revenue ... these circumstances, we are of the considered view that since retraction statement made by the assessee during the search/assessment proceedings has not been taken into consideration, to meet with ends of justice, the entire issue requires to be considered and decided afresh by the AO to decide the controversy once