Whether mere statement recorded can be treated as incriminating document for making addition?

Respected Members

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Short note of today's case law for quick reference:

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[2024] 116 ITR (Trib) (S.N.) 60 Chandigarh A Bench

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JAGBIR SINGH NEHRA

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DEPUTY COMMISSIONER OF INCOME-TAX

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A.D. Jain (Vice President) and Dr. Krinwant Sahay (A.M)

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11.06.2024?????

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1. During search operation on assessee, a paper was found showing name of four persons and some amount mentioned against each name.

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2. The A.O., treating this dump document as a noting for the cash transaction without indicating whether it represented receivable or payable, made addition on that basis.

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3. CIT(A) also treated it as a basis for cash payment for the property purchase.

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4. Statement of the assessee was recorded admitting purchasing a property as Rs. 36 lakhs against the registered title deed showing an amount of Rs. 10,15,000/- paid through banking channel.

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5. There was no specific incriminating document to prove any payment over and above the cheque payment made by the assessee for the purchase of immovable property.

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6. Notepad indicating the source of money could not be treated as incriminating document to prove the cash payment for the purchase.

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7. Other than the assessee’s statement recorded during the search stating payment of Rs. 36 lakhs as total consideration for the purchase, there was no other incriminating document on record to substantiate the Department’s claim of the cash payment

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8. Addition deleted.