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2006 (10) TMI 129 - HC - Income TaxRefence u/s 256 - cash book seized during the search operation - Tribunal refused the assessee's right to cross-examine the persons whose statements were relied on for making the addition - HELD THAT:- We find that the copies of the rough cash book and the statements of the partners of M/s. Vishwakarma Oil Traders which were recorded, have been provided to the applicant and, in fact, the applicant had also submitted its reply. In the letter, an opportunity to cross-examine was asked for only in case the statements have not been recorded. Further, we find that the applicant had proper opportunity to controvert the material gathered by the assessing authority and used against it, there has been compliance with the principles of natural justice. Thus, we are of the considered opinion that the Tribunal was fully justified in the view it had taken. We accordingly answer the question referred to us in the affirmative, i.e., in favour of the Revenue and against the assessee. There shall be no order as to costs.
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