Tuesday, August 9, 2016

Statement of salesman would trigger block assessment when assessee failed to rebut such statement

a) The assessee was a partnership firm, engaged in the business of furniture.Survey was conducted at the premises of the assessee and an assessment was made under section 153C.

b) Assessee challenged such assessment as he was of the view that such assessment was based on statements of salesmen recorded under Section 133A. The CIT(A) and Tribunal dismissed the appeal of assessee.

c) Aggrieved-assessee filed the instant appeal.

The High Court held as under:

1) It was a fact that the statement made by salesmen under section 133A was recorded during the survey. It was also true that an assessment made entirely relying on such a statement could not be sustained.

2) However, there was force in the submission of the revenue that the assessments made was not based only on the statement under section 133A. The maker of the statement himself had re-a􀁹irmed the statement and nothing had been produced by the assessee to show that the contents of the statement were incorrect.

3) Thus, in such a situation, assessment proceedings made under Section 153C could not be held as illegal.- KOTTAKKAL WOOD COMPLEX V. DY. CIT [2016] 72 taxmann.com 63 (Kerala)

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