2010 (3) TMI 1105 - AT - Income Tax

Summary

Issues Involved:
1. Validity of re-assessment proceedings.
2. Deletion of addition of Rs. 20,00,000/- made u/s 69A of the IT Act, 1961.

Summary:

1. Validity of Re-assessment Proceedings:
The assessee challenged the validity of the re-assessment proceedings on the grounds that the Assessing Officer (AO) did not pass a speaking order on the objections raised regarding the reasons for reopening the case, as required by the Supreme Court in GKN Driveshaft (India) Ltd. vs. ITO 259 ITR 19 (SC). The CIT (A) rejected this contention, stating that there was sufficient material to reopen the assessment, though it was noted that the AO did not dispose of the objections by passing a speaking order.

2. Deletion of Addition u/s 69A:
The AO made an addition of Rs. 20,00,000/- to the assessee's income u/s 69A based on information from the Brij Mohan Gupta group, which was involved in unaccounted cash loan transactions. The assessee denied any transactions with the group and requested cross-examination of Brij Mohan Gupta, which was not provided by the AO. The CIT (A) deleted the addition, observing that the AO failed to establish a case against the assessee, did not provide the requested statements, and did not allow cross-examination, thus violating principles of natural justice.

Tribunal's Decision:
The Tribunal noted that the CIT (A) deleted the addition due to the AO's failure to conduct necessary inquiries and provide cross-examination opportunities. Citing the Bombay High Court's decision in Smt. Prabhavathy S. Shah vs. CIT 230 ITR 1 (Bom), the Tribunal emphasized that the CIT (A) should have exercised his quasi-judicial powers to make further inquiries or direct the AO to do so. Consequently, the Tribunal restored the matter to the AO to confront the assessee with the material and provide the opportunity for cross-examination, thereby allowing the revenue's appeal for statistical purposes.