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Dear CA Bijal,   To your querry following may be helpful.   General rule of the evidence is that no person can be found to be vitnessed against himself in the absence of corroborative -evidence, statement recorded during the survey can not be made the pases of assessment. Any self increminatory statement made or information given to tax athority be taken to be niether relevant nor addmisible. A statement recorded in the course of survey or a addmission made in the return of income is not binding on assessee if he seeks to change or modify his stand subsequently.   The above observation / ratio is laid in the case of CIT Vs Satyanarayan Agarwal (2002) 250 ITR(AT-69)   An addmission or acquiescence can not be foundation of assessment when income is returned under an erroneous or misconception of law. it is always open to assessee to demonstrate and satisfy the authority concerned that a particlur income is not taxable in his hands and it was returned under an erroneous impression of law.   The above ratio is laid down by Allahabad High Court in case of Abdul Qaymme Vs CIT (1990) 184 ITR 404 The above can be helpful to you.   CA B. K. Patel RCM - WIRC   B. K. PATEL & CO, Chartered Accountants 301, 'SAMRUDDHI', Opp. Old High Court, Navjivan P.O., Ahmedabad - 380 014, Gujarat, INDIA Phone # +91 (079) - 27544927, Fax # +91 (079) - 27541151 Website :- www.bkpatelandco.com --- On Wed, 24/2/10, Bijal Gandhi <gandhibj9@hotmail.com> wrote: From: Bijal Gandhi <gandhibj9@hotmail.com> Subject: [aurangabad_ca] sec.133A To: "aurangabad Yahoo group" <aurangabad_ca@yahoogroups.com> Date: Wednesday, 24 February, 2010, 12:57 PM   Dear friends, In one of the assessement, AO wants to make addition on the basis of statement recorded during survey u/s.133A.Asseesee has not retracted his statement and finalised accounts recording properly all those transactions which were considered unexplained during survey. I seek your guidance as to -   -What is the evidentuary value of the statement for making addition. -Pl give some judgements (ITAT or HC) in favour of the assessee.   Thanks,   CA BIJALKUMMAR GANDHI,b.com. ,f.c.a.   bijal gandhi & co. chartered accountants 401, Optionz,    Opp: Hotel Nest,  Sardar Patel nagar Off:C.G.Road, Navrangpura,  Ahmedabad-380 009 Ph: (O) +91-79-26426333, 26427333( Telefax) (M) +91-98240 93339 Hotmail: Free, trusted and rich email service. Get it now.

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