Home Case Index All Cases Income Tax Income Tax + SC Income Tax - 2020 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (2) TMI 1424 - SUPREME COURTExistence on asset and allowability of depreciation - Bogus transaction - asset put to use of business or not - findings recorded by AO in block assessment - documents found for lease transactions of non existent asset - Documents on which reliance has been placed not given for cross examine - HELD THAT:- It is unnecessary to dilate on the factual matrix of the case or analyse the arguments advanced by both sides except to observe that we disagree with the approach of the High Court as well as Income Tax Appellate Tribunal, Bangalore. Documents on which reliance has been placed by the respective parties, we would deem it appropriate to relegate the parties before the First Appellate Authority. Be it noted that one of the issues involved is about not extending opportunity to the appellant to cross-examine the witnesses relied upon by the Assessing Officer. If the Department wants to rely on their evidence, it may be necessary to provide opportunity of cross- examination of these witnesses to the appellant, which can be done by the First Appellate Authority itself, namely, Commissioner of Income Tax (Appeals)-I, Bangalore. We say so because both parties intend to rely on some additional documents and circumstances. The First Appellate Authority may reconsider the matter afresh on its own merits in accordance with law including by examining the additional material/circumstances to be produced by the parties. In other words, the entire matter will have to be considered by the First Appellate Authority afresh by giving fair opportunity to both sides to espouse their claim in the remanded appeal(s).
|