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2020 (9) TMI 820 - AT - Income TaxReopening of assessment u/s 147 - denial of natural justice - whether the assessee has been granted the opportunity to cross examine Sri.Moideen Koya and his brother Sri.Valiyil Moosa and such persons whose statements have been used to draw adverse inference against the assessee? - HELD THAT:- The order of the learned CIT(A) records that the seller Sri.Moideen Koya has not filed any return of income admitting the income in his sworn statement. The Revenue has not produced any evidence to show whether Sri.Valiyil Moosa has admitted any income from the said transaction. This stand of the Revenue as to whether the said on-money which has been allegedly admitted by Sri.Valiyil Moosa has led to an assessment of higher capital gain tax or whether the said amount has been assessed under any other heads is also not known. These are evidences which would go to lay down the facts properly. As admittedly there has been violation of principles of natural justice also, we are of the view that the issues in this appeal must be restored to the file of the A.O. for re-adjudication after granting the assessee adequate opportunity. A.O. shall provide all such persons whose statements are being used against the assessee for his cross-examination. The presence of the assessee shall not be insisted upon for the purpose of cross-examination. The Authorized Representative shall be permitted to cross-examine the witnesses. Any and all such evidences which are proposed to be used by the A.O. against the assessee shall be given to the assessee and adequate time granted to him to rebutt the same. The principles of natural justice are to be complied with. As the issues in the appeal are restored to the file of the A.O. for re-adjudication after granting adequate opportunity to the assessee, the issues raised by the assessee in his cross objection are also restored to the file of the A.O. - Appeal filed by the Revenue and the cross objection filed by the assessee are partly allowed for statistical purposes.
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