SC dismisses SLP against HC’s ruling deletingsec 69A addition: Supreme Court has dismissed SLP against HC’s ruling deleting deletingsec 69A addition made on basis of mere confession under MCOCA in matter ofPr. CIT v. R. G. Buildwell Engineers Ltd.

SC dismisses SLP against HC’s ruling deletingsec 69A addition

Supreme Court in the case of Pr. CIT v. Jagdishprasad Mohanlal Joshi in SLP(C) Diary No. 24313 of 2018
The summary of the case is as given below :
AO made addition to assessee income on basis of confessional statement made by Mr X against assessee under Maharashtra Central Organised Crime Act, 1999 (MCOCA) to effect that he had made certain unaccounted payments to assessee
Tribunal observed that the basis on which the Assessing Officer concluded that the assessee has received amount from Mr X, that is, the statement of an accused in MCOCA case, has not been confronted to the assessee to verify whether the amount was actually paid to the assessee. The ITAT gave decision in favour of assessee and the AO’s decision was set aside.
High Court alsogave decision in favour of assessee and decision was ITAT was upheld.
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Considering the above facts, SLP filed by Revenue against view taken by High Court was dismissed by the Supreme Court.

UPON hearing the counsel the Court made the following

O R D E R

The Special Leave Petition is dismissed both on the ground of delay and merits.

Pending applications, if any, stand disposed of.

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