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No additions in absence of admission on part of assessee that capitation fee was paid out of undisclosed income

March 20, 2019[2019] 103 283 (Madras)

IT : Merely because Statements recorded under section 132 (4) are admissible in evidence, it does not mean that said statements or their contents can be read out of context and beyond terms of statements itself and without corroborating material. Where assessee accepted having paid Capitation Fee to Engineering College for admission of his son, however, there was no admission on part of assessee that Capitation Fee was paid by assessee out of Undisclosed Income not so far declared, just because statements stated that he paid Capitation Fee to Engineering College , it did not mean that it could result in an addition ipso facto in already declared Undisclosed Income in hands of assessee in his Returns filed after search. Thus, addition so made was to be set aside

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