TMI Blog2023 (2) TMI 1277X X X X Extracts X X X X X X X X Extracts X X X X ..... enied - whether Revenue debarred from obtaining admissions/ statements during the course of a survey? - denial of an opportunity to cross examine the entry providers - CIT(A) was satisfied that the purchase of liquid shares have been made through Account Payee Cheques and the shares themselves were held in Demat Account for more than 12 months - ITAT noted the settled position in law that if an As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue arises from an order dated 21st December, 2021 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (ITAT) dismissing the Revenue s appeal i.e. ITA No.50/CTK/2020 against the corresponding order of the Commissioner of Income Tax (Appeals) [CIT(A)] for the assessment years (AY) 2014-15. 2. The question sought to be urged by the Revenue Department in the present appeal is as follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tisfied that the purchase of liquid shares have been made through Account Payee Cheques and the shares themselves were held in Demat Account for more than 12 months and then sold through the recognized stock exchange after payment of security transaction tax. A reference was made to the CBDT circular which debarred the Revenue from obtaining admissions/ statements during the course of a survey. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther, no opportunity to crossexamine the so-called entry providers was given to the Assessee. 5. Having heard learned Senior Standing Counsel for the Department (Appellant) and having perused the impugned orders of the AO, CIT(A) and the ITAT, the Court finds that both the grounds viz., the claim for benefit of Section 10(38) of the Act and denial of an opportunity to cross examine the entry provi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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