9911796707
TMI Blog2012 (8) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... ng disposed of by a single consolidated order for the sake of convenience. 2. Facts in brief are that a search had been conducted under section 132 of the Income tax Act, 1961 (the Act) on 19.9.2006 in case of Kores group which included Kores Industries Limited and its directors. During the search and seizure operations, several incriminating documents were found which were subjected to further investigation by the department. The managing director of M/s. Kores India Limited had made disclosures of Rs.10.00 crores so as to take care of any discrepancy in the books of accounts maintained and issue raised by the department on the basis of seized material. During the course of search as well as during the course of past search proceedings, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sallowances had been made. 3. We first take up the issue relating to not allowing opportunity of cross examination of various persons based whose statements the additions had been made as this is the basic ground which is relevant to the appeals for all the years. The ld. AR for the assessee submitted that the assessee had neither been given copy of statement of various persons based on whose statements the additions were made nor an opportunity for cross examination was provided. The assessee came to know about this position only after receipt of assessment order dated 22.12.2008. The assessee filed a letter dated 5.2.2009 a copy of which has been placed in paper book requesting the AO to supply copy of statements which was followed by re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... file of AO or CIT(A) . In case the matter was restored to CIT(A), a clear direction may be given to CIT(A) to remand the matter to AO and obtain the remand report from the AO in a time bound manner so that appeal is decided promptly. 3.2 The ld. DR on the other hand submitted that the matter may be remanded to CIT(A) before whom the plea for cross examination had been made and this would also expedite the disposal of the appeal. 4. We have perused the records and considered the matter carefully. The dispute is regarding not allowing opportunity of cross examination to the assessee of the persons based on whose statements substantial addition had been made on account of disallowance of deduction under section 80 IB (10) and other d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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