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2019 (1) TMI 48 - AT - Income TaxReopening of assessment - unexplained cash payments for purchase of immovable property - as contended that no independent enquiry was carried out by the assessing officer - denial of natural justice - non providing opportunity of cross examining - Held that:- A.O. has to form a belief that certain income has escaped assessment and he does not require to verify whether the information is correct or false. Such exercise would be carried out only after issuing notice u/s 148. Hence, this contention of the assessee is rejected. Another contention of the assessee is that he was not provided opportunity of cross examining Shri Deepak Gupta and the Directors of M/s. Amrit Colonizers Pvt. Ltd. we find merit into these submissions of the assessee as the revenue has based its finding on the basis of certain documents belonging to third party where certain entry is recorded by that third party relating to the assessee. A.O. before making assessment should have granted opportunity of cross examining such person - set aside the assessment order and restore the issue of assessment to the file of the A.O. to make a de-novo assessment after providing opportunity of cross examination to the assessee. A.O. would decide on the basis of material available on record and the cross examination made by the assessee. - Decided in favour of assessee for statistical purposes.
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