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2017 (6) TMI 724 - ITAT MUMBAIUnexplained credits u/s.69C - Held that:- In reply to the remand report, assessee has alleged that the AO has failed to provide details for rebuttal / cross examination, that while giving the details of transactions in the name of the assessee, the AO has not provided any opportunity to the assessee to cross examine the parties who have alleged that the transactions have been done on behalf of the assessee. Thus the documents, on which the AO wants to rely, cannot be accepted without providing opportunity to the assessee to cross examine such persons. We also found that in reply to the remand report before the CIT(A), the assessee has contended that he has already given all the documents such as copy of bank account, return of income from the F.Y.2003-04, 2004-05 & 2005-06 in order to prove that he has not entered into any transactions with M/s. Alliance Intermediaries Pvt. Ltd., and no bogus purchases / profits have been claimed in the Return of Income. Thus we restore the matter back to the file of the AO for deciding afresh after considering the detailed reply filed by assessee with regard to the remand report and the decision of the Tribunal in the case of assessee’s daughter. Appeal of the assessee is allowed for statistical purposes.
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