NARAYAN DASS SINGHI Vs. ITO

JUDGEMENT

(1.) This appeal by the assessee is directed against the order passed by the learned

(2.) The assessee has raised seven grounds in this appeal, but all those grounds relate to confirmation of addition of Rs. 33,333 made by the assessing officer in respect of undisclosed income as surrendered at the time of survey.

(3.) The learned counsel for the assessee has submitted that the assessee's brother Shri Daulal Singhi allegedly surrendered an amount of Rs. 1 lakh during the survey on behalf of himself, his wife and his brother Shri Narayan Dass Singhi (appellant). The assessing officer also got the said statement of Shri Daulal Singhi recorded in survey signed by the assessee at the concluding part of the said statement. He submitted that the statement of Shri Daulal was recorded by coercion. Shri Daulal had made a representation before the learned CCIT and also DC (Admn.) after the survey. Moreover, the assessing officer has brought no material on record to prove that the assessee derived any undisclosed income from other business or from dealings in share, etc., as recorded in the said statement of Shri Daulal. He pointed out that 1/3rd of the amount of Rs. 1 lakh surrendered by Shri Daulal was also added as income in the case of Smt. Pushpa Devi which has been deleted by the learned Commissioner (Appeals) vide his order dated 30-1-1996.