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2020 (2) TMI 587 - GUJARAT HIGH COURTAddition on account of the peak unaccounted investment - addition on the account of GP on unaccounted purchases and finalized the assessment u/s 143(3) of the Act - only evidence with the DRI as well as the A.O. was in the form of a confessional statement made by Shri Gandhi on oath recorded under Section 108 of the Customs Act - HELD THAT:- A Co-ordinate Bench of this Court, in the case of Kailashben Manharlal Chokshi vs. Commissioner of Income-tax [2008 (9) TMI 525 - GUJARAT HIGH COURT] took the view that merely on the basis of admission, the assessee cannot be subjected to additions. The Co-ordinate Bench proceeded to observe that unless and until some corroborative evidence is found in support of such admission, the department would be justified in making additions. In other words the proposition of law as laid down is that the department cannot start with the confessional statement. The confessional statement has to be brought in aid of other materials on record. In the case on hand two authorities have concurrently recorded a finding of fact that, except the statement recorded under Section 108 of the Customs Act there is no other evidence. There was no material to corroborate the statement made by the assessee in the form of confession. In the case on hand, as noted above, there is no material except the confessional statement of the assessee recorded under Section 108 of the Customs Act. In view of the concurrent findings recorded by both, the CIT(A) as well as the Appellate Tribunal, we are of the view that we should not disturb the finding of facts. None of the questions as proposed by the Revenue could be termed as substantial question of law.
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