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2018 (3) TMI 1731 - AT - Income TaxReopening of assessment u/s 148 - addition u/s 68 - addition on account of commission - information received from Investigation Wing that assessee has received accommodation entry from SK Jain Group - recorded reasons for reopening - RTI application seeking copies of the documents received from Investigation Wing rejected - HELD THAT:- The assessee filed list of the Directors in which 03 Directors have been mentioned who are conducting business of the Investor and no evidence has been brought on record to establish if they are connected with SK Jain Group of cases. The assessee also filed RTI application seeking copies of the documents received from Investigation Wing, but, the same were denied to assessee being confidential in nature. These facts supports the explanation of the Assessee that assessee has not been provided any material collected by the Investigation Wing during the course of search from the premises of SK Jain Group of cases and no statement of any person have been provided to assessee which were recorded by Investigation Wing during the course of search which is used against assessee. Therefore, the material which was collected at the back of assessee and used against the assessee without confronting the same to the assessee, cannot be read in evidence against the assessee. Thus in the absence of any further enquiry on the documents filed by assessee and in the absence for any confrontation of adverse material to the assessee, no addition could be made in the hands of the assessee - decided in favour of assessee.
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