Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 1909 - AT - Income TaxReopening of assessment u/s 147 - addition of bogus purchases - reopening only on the basis of statement given by the third party - denial of cross-examine of the third party - assessee has submitted that the AO has erred on facts and in law forming a negative inference solely on the basis of extracts of statement by third parties without confronting the same to the assessee and in total disregard to the provisions of law - AO has not provided the statement of the third party on which the basis the addition was made and also not provided the opportunity of cross examination of the same - HELD THAT:- As the issue in dispute along with the documentary evidence filed by the assessee in two paper books and the decision of the Hon'ble Supreme Court of India in the case of Andaman Timber Industries [2015 (10) TMI 442 - SUPREME COURT] it is clear that the Assessing Officer has not given any opportunity of cross-examine to the third party as well as not supplying the statement of the same to the assessee which is contrary to the principle of natural justice and the addition on this basis is not sustainable in the eye of law. Respectfully following the decision given by the Hon'ble Supreme Court of India reproduced above, we are of the view that the Assessing Officer has not given any opportunity to the assessee for cross-examine to the third party of which basis the addition in dispute has been made. Respectfully following the order passed by the Hon'ble Supreme Court of India the addition in dispute is deleted by accepting the appeal filed by the assessee.
|