Brij Kishore Kochar Vs ACIT (ITAT Delhi)
ITAT Delhi held that mere confession of accused cannot be a ground for conviction since the same is not supported by credible evidence on records. Accordingly, addition under section 69 of the Income Tax Act deleted.
Facts- A search action u/s 132 was conducted in the case of one Aerens Group on 17.08.2011. In response to notice u/s 153A of the Act, the assessee filed return of income declaring income of Rs. 26,69,140/-. An Hon’ble Co-ordinate Bench of this Tribunal, vide its order in ITA No.-1235 dated 12.05.2016, restored the matter to the file of AO for assessment denovo after giving due opportunity of being heard to the assessee. Pertinently, AO had passed order U/s 144 of the Act, and which was confirmed by First Appellate Authority. Vide his second order dated 18.12.2018, which is subject matter of the present appeal, AO made an addition of Rs. 1,33,37,120/- U/s 69 of the Act. The action of the AO was confirmed by the Ld. CIT(A), which is being contested by the assessee in the present appeal.
Conclusion- Held that it is an undisputed fact of the case that the addition has been made in respect of a document seized during search from the premises of Aerens Groups and not of the assessee. It is a settled principle of law enunciated by Hon’ble Apex Court that mere confession of accused cannot be a ground for conviction unless, the same is supported by credible evidence on records. Accordingly, and respectful compliance to the decision of Hon’ble Jurisdiction High Court in the case of Subhash Khattar, ITA 60/2017 dated 25.07.2017 and of Pilot Industries Ltd. 457 ITR 437 (supra), we are of the considered view, that no addition is required to be made in the present case. The order of lower authority is therefore, set aside and the Ld. AO is directed to delete the impugned addition of Rs. 1,33,37,120/-.
