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2019 (10) TMI 1538 - ITAT BANGALOREAddition u/s 68 - Denial of natural justice - absence of opportunity of hearing by providing copy of the statement and related detailed regarding the alleged share amount - HELD THAT:- We find that the CIT(A) has co-terminus powers with AO, therefore, he ought to have provided copies of statements and other related materials and also opportunity of cross-examination to the assessee before deciding the issue on merits when she had specifically requested for those evidences. Therefore, we are of the considered view that in absence of proper opportunity of hearing and also cross-examination to the assessee for her rebuttal, the assessment order passed by the AO suffers from principles of natural justice and hence addition made by the AO cannot be sustained. Hence, we are of the view that the appeal filed by the assessee needs to go back to the file of the AO for fresh consideration. In so far as the arguments of the learned DR in light of the decision of Suman Poddar [2019 (7) TMI 1514 - ITAT DELHI] and Pooja Ajmani [2019 (4) TMI 1665 - ITAT DELHI] we find those cases were decided on merits on the issues without considering the aspect violation of principles of natural justice, whereas, in the case of Devichand Kothari [2015 (2) TMI 1383 - KARNATAKA HIGH COURT] has restored the matter back to the file of the AO for alleged violation of principles of natural justice. Therefore, we are of the considered view that the case laws relied upon by the learned DR has no application to the facts of the present case and hence not considered. We are of the considered view that order passed by the AO suffers from principles of natural justice and hence, we restore the appeal to the file of the AO for denovo consideration of the issue after making available to the assessee for rebuttal all documents including statements, investigation reports, etc., relied upon by the AO for making additions towards amount received from sale of shares under section 68 - Appeal filed by the assessee is treated as allowed for statistical purposes.
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