2008 (11) TMI 665 - HC - Income Tax

Summary

Issues involved: Reopening of assessment based on gift received, failure to cross-examine a witness, obligation to dispose of objections u/s 260A of the Income-tax Act, 1961.

Reopening of assessment based on gift received: The assessee received a gift of Rs. 5 lakhs, which was later deemed to represent income. The Assessing Officer reopened the assessment, a decision upheld by the CIT(A) and the Tribunal. The Tribunal found that the evidence provided by the assessee did not establish the creditworthiness of the creditor or the genuineness of the transaction, even without considering a specific statement. The Tribunal concluded that the addition to income was justified, as the assessee failed to provide sufficient evidence to support the transaction.

Failure to cross-examine a witness: The only contention raised was that a witness, Rakesh Bajaj, whose statement was crucial for reopening the assessment, was not allowed to be cross-examined. The counsel for the assessee argued that this violated the principles of natural justice. However, the Tribunal held that there was no rigid rule requiring cross-examination if there was adequate material justifying reassessment and no prejudice caused to the assessee. The Tribunal found the transaction of gift to be not genuine and noted the absence of crucial evidence from Suresh Bajaj, leading to the dismissal of the appeal.

Obligation to dispose of objections u/s 260A of the Income-tax Act, 1961: The counsel for the assessee cited the judgment of the Hon'ble Supreme Court in GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19, arguing that the department was obligated to dispose of objections to the initiation of proceedings separately and independently. However, the Tribunal found no substantial question of law arising for consideration, as the findings of the authorities were deemed not to be perverse. Consequently, the appeal was dismissed in favor of the revenue.