Pr. Commissioner Of Income Tax-1 vs M/S Vishnu Prakash R. Pungalia
2022 Latest Caselaw 89 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 14/2021

Pr. Commissioner Of Income Tax-1, District Jodhpur

----Appellant Versus M/s Vishnu Prakash R. Pungalia, P No. 22, Subhash Colony, New Pali Road, Bhagat Ki Kothi, District Jodhpur

----Respondent

For Appellant(s) : Mr. K.K. Bissa.

For Respondent(s) : Mr. Vikas Balia and Mr. Priyanshu Arora.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

04/01/2022

This appeal is filed by the Revenue to challenge the

judgment of the Income-tax Appellate Tribunal dated 01.02.2021.

The sole issue argued before us by the counsel for the

Revenue pertains to deletion of a sum of Rs.3.41 crores, which

was added by the Assessing Officer in the assessment order. The

record would suggest that during the course of survey operation,

statement of partner of the Firm was recorded under Section

132(4) of the Income-tax Act, 1961 (for short, 'the Act') in which

he seems to have admitted unaccounted receipts. On the basis of

this statement, the Assessing Officer had made the addition in the

assessment proceedings. CIT(A) and Appellate Tribunal deleted

the addition on the ground that as per settled law, no addition can

be made solely on the basis of the statement recorded under

Section 132(4) of the Act since such statements is not recorded on

(2 of 2) [ITA-14/2021]

oath. It is also noticed that such statement was later on

retracted. It would thus emerge that the Assessing Officer had

relied solely on a retracted statement, which was recorded under

Section 132(4) of the Act. The Tribunal, therefore, correctly

deleted the addition and no question of law arises.

The income-tax appeal is dismissed.

(RAMESHWAR VYAS),J (AKIL KURESHI),CJ

30-a.asopa/-

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