TMI Blog2023 (9) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... n on the basis of documents which otherwise did not have anything explicit and patent to hold different opinion. It is not self serving affidavit of the assessee but of concerned party from whom allegedly the assessee had benefited. There is no finding of Ld. PCIT as to which matter from the survey was contradicting the affidavit. The aforesaid narration of relevant queries made during re-assessment and replies of the assessee are sufficient to show that Ld. AO has asked for the affidavit, only to reaffirm that replies are supported with on oath deposition too. Ld. Pr.CIT has thus fallen in error to exercise powers u/s 263 to hold AO wrongly relied the affidavit from M/s Cardio Technovention. The impugned order u/s 263 of the Act is quas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above-mentioned issue and passed the Revision order dated 19.03.2019 setting aside the impugned re-assessment order. Hence, the present appeal is filed by the assessee raising following grounds; 1. That Ld. PCIT erred in holding that the Ld. AO did not apply his mind in terms of ignoring the impounded material found during survey of third party in as much as the facts relating to the solitary issue forming the reason to believe while assuming jurisdiction by the Ld. AO u/s 147 had not only been raised and confronted to assessee right from the stage of initiation of proceedings u/s 147 and upto in each and every hearing during assessment proceedings but the same also forms the main part in the body of assessment order. 2. That th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertion. i. At Page 16 of PB is the copy of reason recorded which mention that case was reopened to verify this very allegation that assessee-company has allegedly paid cash amounting to Rs. 5,73,183/- to M/s Cardio Technovention allegedly for the purpose of taking reversal of entry as commission received through proper banking channel and thus notice u/s 148 was issued on 31.03.2016 as made available at Page 13 of PB. ii. At Page 14 of PB is the copy of questionnaire u/s 142(1) dated 24.05.2016 issued by Ld. AO where a specify query has been asked regarding M/s Cardio Techovention and at Page 18 of PB is the copy of reply dated 13.06.2016 filed by assessee in response to above questionnaire submitting ledger account of M/s Cardio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ronted to the assessee and further submitting that assessee neither paid any cash to M/s Cardio Techovention nor department has produced any documentary evidence to support this allegation and requested the Ld. AO to provide the said document to assessee. Page 35-36 of PB is the copy of reply dated 03.11.2016 filed by assessee before Ld. AO denying the said allegation. v. Then at Page 40-42 of PB is the copy of reply dated 01/03/2109 filed by assessee before Ld. PCIT in response to show cause notice issued u/s 263 submitting that Ld. AO has conducted adequate enquiry regarding this issue and detailed replies and explanations were filed before Ld. AO, thereafter the adequate application of mind Ld. AO was satisfied with the explanation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by way of an affidavit then the same cannot be ignored without rebutting the deposition on facts by some sort of evidence. As Section 30(c) of Code of Civil Procedure, provides that the Court can ask any fact to be proved by way of an affidavit similarly Section 131 of the Act vests powers with Tax authorities, amongst other, to enforce an individual's attendance and to examine on oath. 6. Here in the case in hand the affidavit was filed on the directions of Ld. AO for which he had powers to call for filing an affidavit to prove the fact that cash was not received by M/s Cardio Technovention. The same could not have been left aside and inferences drawn on the basis of documents which otherwise did not have anything explicit and pat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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