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2016 (8) TMI 1133 - ITAT MUMBAIAddition under the head “ Income from other sources” - income from undisclosed sources - Held that:- CIT(A) has rightly pointed out that the assessment order is single page cryptic order in which the addition of ₹ 43,52,980/- has been made to the returned income, which is primarily based on the solitary statement of Shri Mukesh Choksi recorded by the DDIT(Inv.)(1)(4), Mumbai. The led. CIT(A) has also rightly considered the factual position of the present case, wherein no independent enquiry has been done by the AO to verify whether the statement of Shri Mukesh Choksi admitting to issuing bogus bills was correct in the case of assessee or not by providing an opportunity of cross examination to the assessee of such person and therefore, in such circumstances in the present case, the statement of third party i.e. Mukesh Choksi recorded at the back of the assessee cannot be used against him without giving the assessee an opportunity to cross examine and rebut the allegation. In the peculiar facts of the present case, we have also noticed that the AO has not fully complied with the directions given by the ld. CIT(A) as per page No.11 & 12 of the paper book. Thus we hold that the ld.CIT(A) has passed a well reasoned speaking order and no new circumstances of facts have been brought before us to deviate from or to interfere into well a reasoned and judicious findings recorded by the ld. CIT(A). - Decided against revenue
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