PCIT v. JPM Tools Ltd (2022) 219 DTR 201 / 329 CTR 526 (Delhi)( HC )

S. 153A: Assessment – Search or requisition- Share certificate – Disclosed in the books of account – Statement of a third party – Opportunity of cross-examination not given – Order is bad in law [ S. 68, 132(4) , 133(6) ]

The AO held that share certificates issued to investor companies found on the premises of the assessee company instead of the premises of the respective investor companies amounted to incriminating evidence. However, no addition u/s 68 was made on the basis of such share certificates, instead, the AO relied on the post-investigation report and statement of a third Party to make an addition to the total income of the Assessee. It was held that such share certificates cannot amount to incriminating evidence as they merely recorded transactions, which were duly recorded and disclosed in the books of accounts. Further, the addition made on the basis of a third-party statement cannot be sustained since the Assessee was not provided with an opportunity to cross-examine the witness despite requesting the same. Relied upon,  Andaman Timber Industries v. CCE  (2015) 62 taxmann.com 3 / 127 DTR 241 (SC), CIT c. Kabul Chawla (2015) 380 ITR 573 ( Delhi)( HC)   (AY 2010-11)