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In our considered opinion, in the absence of any documentary evidence, no addition can be made on the action of third party i.e. the DRI. Further, the CESTAT, West Zone Bench Mumbai, vide itsfinal order No. A/85365-85368/2019 dated 25.02.2019has also dropped the proceeding initiated against the assessee-firm. Therefore, we do not find any merits in the revenue appeal. Accordingly, same is dismissed.”

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Sec. 69 & 132 of Income Tax Act, 1961—Search and Seizure — Unaccounted income — Tribunal was justified in deleting the addition made by the A.O. on account of undisclosed profit and unaccounted investment in undervalued goods despite the assessee himself having admitted before DRI in his statement about his under invoicing of imports, though later retracted, when Hon'ble Supreme Court in Surjeet Singh Chhabra Vs Union of India [1997 (89) ELT 646(SC)] held that the confession, though retracted, is an admission and binding. A statement was recorded in the course of the search proceedings and such statement is retracted and the burden is on the maker of the statement to establish that the admission in his statement was wrong and that such statement was recorded under duress and coercion. Confessional statement was not the only piece of evidence — PR. CIT Vs. NAGESHWAR ENTERPRISES [2020] 421 ITR 388 (GUJ)

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