Shanti Prime Publication Pvt. Ltd.
Sec. 133A of Income Tax Act, 1961— Addition statement—Assessee was engaged in the business of manufacturing and trading in precious and semi-precious stones and jewellery in the name and style of M/s Sunshine Import and Export Private Limited. Assessee company having two Directors. Assessing Officer came to the conclusion that assessee was engaged in the activity of issuing accommodation bills for purchase and sale of diamonds coupled with acting as a dummy for importer. Holding the transactions as not reliable, Assessing Officer rejected the books of account of the assessee. The Assessing Officer assessed 2% as the rate of commission of the assessee on account of import purchases i.e. for acting as a dummy. That apart, commission @ 0.75% on sales bills was assessed. Assessee preferred appeal before the Commissioner of Income tax (Appeals) and also referred to first appellate authority hereinafter. The first appellate authority confirmed the action of the Assessing Officer. Assessee preferred further appeal before the Tribunal. The Tribunal returned the finding that assessee was not engaged in issuing the accommodation bills and acting as a dummy for importing diamond bills. Therefore, Assessing Officer was directed to delete the income as estimated by him and to accept the book results declared by the assessee. Revenue filed appeal before High court.
The Madras High Court concluded that statement recorded under Section 133A of the Act is not given any evidentiary value and that materials or information found in the course of survey proceedings could not be a basis for making any addition; besides materials collected and statement obtained under Section 133A would not automatically bind upon the assessee.
In view of the discussions made above, Court see no reason to interfere with the order passed by the Tribunal. Consequently, the appeal fails and was accordingly dismissed. --- PR. CIT vs. SUNSHINE IMPORT AND EXPORT PVT. LTD. [2020] 23 ITCD Online 26 (BOM