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ca.bhupendrashah (FCADISA)     26 June 2008

ITO

can ITO refuse to accept contents of affidavit filed before him?


Learning

 5 Replies

Rajesh Thakker (Advocate)     27 June 2008

Yes, after examining the person who has sworn the affidavit u/s 131 of the Income-tax Act, 1961, if he feels that the content of the affidavit filed is contarary to the statement given.


(Guest)

He can test the veracity of the staments made on oath.

Guest (n/a)     27 June 2008

No ITO cannot refuse to accept the content of the affidavits unless and untill he brought on record any cogent material contarary to the contents. See following judgments



  1. Mehta parikh & Comp vs. CIT 30 ITR 181(SC)

  2. CIT vs. sales Ltd 166 ITR 93(SC)

Guest (n/a)     27 June 2008

Once affidavit of third party is being filed the burden is on revenue to prove it otherwise. However in most of the case ITO sumarrily reject the contention of the Assessee but in appellate proceedings the affidavit is considered as a good evidence  

Guest (n/a)     29 June 2008

since seven years i am alone paralyzed, even may i have refund from income tax dept.?'''''''''''''''


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