Mukesh Ruia recorded u/s 132(4)
and not accepting the retraction made by him and not holding that in absence
of incriminating material found ... assessment proceedings the assessee's husband has submitted a
copy of retraction, letter which has not been received by the authority
concerned.
The assessee
instruction of Mr. Rutugna Trivedi.
However, later on both of them retracted their statements
before the learned trial Court in bail application. It is alleged ... Authorities, on the basis of statements of
codetenu, which statements are retracted by
them on the earliest opportunity and were taken
even
March 1989
under Section 108 of the Customs Act, which was subsequently retracted on
26th March 1989 when respondent was produced before the Magistrate ... remand. I have to note that in the retraction, respondent has stated that he
was mercilessly beaten by the Customs Officers and he even requested
February 1991
respondents filed an application before the Learned Metropolitan Magistrate
for retracting the statements recorded. Their case has also been stated in the
statement ... retraction and it is very clearly stated that there were three
others who were in the room. In the evidence
despite the fact that the assessee never retracted
from the confession of surrendering income of Rs. 5,00,00,000/- made
during the course ... Further assessee never
filed any letter for making retraction from the surrender made during
the survey. Such admissions, made during the course of survey, legally
identical. Commissioner has
erred in upholding the depositions made in the retracted statements
despite admitting (in para-63.3.2) that.....I find from the case records ... extracting the desired statements, Commissioner has fallen back and
14
rejected the retractions filed by Mr. Satish Luthra on 3.2.2005 and
8.2.2005 in respect
identical. Commissioner has
erred in upholding the depositions made in the retracted statements
despite admitting (in para-63.3.2) that.....I find from the case records ... extracting the desired statements, Commissioner has fallen back and
14
rejected the retractions filed by Mr. Satish Luthra on 3.2.2005 and
8.2.2005 in respect
identical. Commissioner has
erred in upholding the depositions made in the retracted statements
despite admitting (in para-63.3.2) that.....I find from the case records ... extracting the desired statements, Commissioner has fallen back and
14
rejected the retractions filed by Mr. Satish Luthra on 3.2.2005 and
8.2.2005 in respect
identical. Commissioner has
erred in upholding the depositions made in the retracted statements
despite admitting (in para-63.3.2) that.....I find from the case records ... extracting the desired statements, Commissioner has fallen back and
14
rejected the retractions filed by Mr. Satish Luthra on 3.2.2005 and
8.2.2005 in respect
Therefore, the arguments of the assessee in the light of the
subsequent retraction statement along with affidavits is only an
afterthought to circumvent liability ... accounts. Although the
assessee company had subsequently filed an affidavit to retract the
statements recorded during the course of search, but such statements
have been
