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2014 (12) TMI 379 - AT - Income TaxReopening of assessment u/s 148 on the basis of AIR information – Jurisdiction of the CIT(A) – Affidavit filed by assessee to misguide the AO - Opportunity to cross examine not availed - Held that:- The reopening of the assessment within four years, the AO has wide power but he did not receive the AIR information on 31/12/2008, therefore he made the office-note along with the original assessment order - When the information received from the Head Office of the HDFC Bank, Mumbai he recorded the reasons and issued the notice u/s.148 of the Act - the reopening of the assessment was on valid reasons and as per law - assessee filed an Affidavit to misguide the AO and had not extended the co-operation with the AO to complete the original assessment by considering the copy of the bank account - The AO recorded the statement of Shri Amit kumar Patel and also allowed the assessee for cross-examination, but he has not availed this opportunity – thus, the matter is required to be remitted back to the AO and he is directed to provide a copy of the statement of Shri Amit kumar Patel and also allow the cross-examination to the assesse – Decided in favour of revenue.
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