Retraction from Survey Statement u/s 133A is Legal if Recorded Under Duress & Based on Incorrect Facts


survey statementDuring survey u/s 133A conducted by the income tax authorities, it is ritual to record survey statement of the assessee at the time of survey. When the survey statement is recorded , the assessee is ,without any doubt , is under tremendous psychological pressure and often without any assistance of competent persons or professionals. Therefore, most of the statements are one sided and often recorded as it suits to officer and signed by the assessee. The issue of evidentiary value has gone upto Supreme Court and the common verdict is that statement itself can not be evidence against a person. A.O must bring corroborative evidence to support admission by person in the statement.

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