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Case Law Details

Case Name : ACIT Vs JKD Pearl India Developers (P) Ltd (ITAT Jaipur)
Appeal Number : ITA No. 324/JP/2017
Date of Judgement/Order : 09/09/2020
Related Assessment Year : 2014-15
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ACIT Vs JKD Pearl India Developers (P) Ltd (ITAT Jaipur)

We are of the considered view that the mere admission is not conclusive as to the truth of the matter. It is only a piece of evidence, the weight to be attached to which must depend on the circumstances in which it is made. It can be shown to be erroneous or untrue. Therefore, addition made merely and solely on the basis of confession without any corroborative evidence was not sustainable in law and moreover the said confession made by the assessee was subsequently retracted and since the addition was not supported by any cogent, convincing independent documentary evidence, therefore, the same was correctly found to be not sustainable by the ld. CIT(A). Hence, we uphold the same.

FULL TEXT OF THE ITAT JUDGEMENT

Both these appeals have been filed by the revenue against the two separate orders of the ld. CIT(A)-4, Jaipur dated 14/02/2017 and 15/02/2017 respectively for the A.Y. 2014-15.

2. The hearing of the appeals was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic. In both these appeals common issues are involved, therefore, both the sake of convenience and brevity, a common order is being passed.

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