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2021 (4) TMI 158 - AT - Income TaxLTCG Addition - denial of natural justice - only argument during the course of hearing is that neither the Assessing Officer nor the CIT(A) have provided the assessee an opportunity to cross-examine Shri Krishna Reddy who acted as an intermediary in the receipt of money by the assessee before reiterating the impugned addition - Reference to tribunal’s earlier remand directions dt.31-01-2017 restoring this sole issue back to the Assessing Officer - HELD THAT:- We find no merit in either of the foregoing arguments. We make it clear that this tribunal’s first round remand directions had directed the Assessing Officer to offer cross-examination of the said third party only ‘ if ’ required and not otherwise as a rule. Case records and more particularly, the Assessing Officer’s second round assessment order dt.29-12-2017 sufficiently indicates that he had afforded a number of opportunities to the assessee; as elucidated in para 3.2, but this taxpayer never ever turned up along with the corresponding explanation. We wish to reiterate here that the tribunal’s earlier co-ordinate bench [2017 (7) TMI 32 - ITAT HYDERABAD] had already expressed its agreement with the department qua the impugned addition in principle. The assessee’s stand before us seeks to shift his onus on the department side does not deserve to be concurred with therefore. We thus hold in these peculiar facts and circumstances that both the lower authorities have rightly reiterated the impugned long term capital gains addition in assessee’s hands on account of his failure to comply with the tribunal’s earlier directions and on the basis of the overwhelming supportive evidence. The assessee fails in his sole substantive grievance therefore.
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