Scurtiny

451 views 2 replies

Dear friends,

A.O. finds one unaccounted bank account of the assessee during his scrutiny. He sends notice U/s. 143 to the assessee and called explanations for each entry of cash deposit amounting to Rs. 15.00 lacs. Assessee represents that these are cash loans taken by him from his family friends below Rs. 20,000/- and submits their loan confirmation letters with a reply that the same have been repaid during the same year in cash only. Can the A.O. call these persons u/s. 131? And if yes, whether an affidavit duly certified by the Notary can be filed in place of personal presence?

Replies (2)

it is non acceptable/ illogical that Rs. 1500000 are given by friends that too in an amount below Rs.20000. he may ask you, how many friends do u have like this?

Dear sir,

Notary may administer oath to, or take affidavit from, any person. Provided that the seal and signature of the notary shall not be deemed sufficient in themselves to establish the official character of such notary, but the same shall be shown by other and proper evidence. Use of a Notary is for attestation and verification purposes only. Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding shall be liable to criminal offence proceeding.

 

Further IT Authorities have powers vested in a civil court for discovery, inspection & enforcing attendance.  Failure to comply with summons under section 131 is sufficient reason to issue search warrant u/s 132 of Act.

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