2016 (7) TMI 1389 - AT - Income Tax

Assessment of purchase value of shares as income of the assessee - addition relating to estimated expenditure - denial of natural justice - Held that - AO was not justified in not affording the opportunity of cross examination to the assessees herein and the said action of the AO violates the principles of natural justice. Further, as submitted by the Ld A.R, the assessing officer has made the impugned additions only on the basis of statement given by Shri Mukesh Choksi. Accordingly, it is of the view that the assessees herein should be provided with adequate opportunity to crossexamine Shri Mukesh Chokashi. Appeal filed by the assessee is treated as allowed for statistical purposes.

Summary

Issues:
1. Validity of reopening of assessment
2. Assessment of purchase value of shares as income
3. Addition of estimated expenditure

Validity of Reopening of Assessment:
The appeal was against the order passed by the ld.CIT(A)-30, Mumbai for the assessment year 2008-09. The department conducted a search and seizure operation in the hands of a person engaged in providing accommodation bills for purchase and sale of shares to generate speculative profits. The AO reopened the assessment of various assessees, including the appellant, treating the purchase value of shares as bogus purchases and estimating unexplained expenditure. The first issue raised was the validity of the reopening of the assessment. The ld. AR did not argue on this ground during the hearing, leading to its dismissal.

Assessment of Purchase Value of Shares as Income and Addition of Estimated Expenditure:
The next issue concerned the assessment of the purchase value of shares as income and the addition of estimated expenditure. The appellant sought cross-examination of Shri Mukesh Chokshi, whose statement formed the basis of the assessment. The appellant argued that the principles of natural justice were violated as they were not given the opportunity to cross-examine Shri Mukesh Chokshi. The ld. AR contended that cross-examination would assist in supporting the share transactions. The ld. DR did not object to this plea. The Tribunal held that the AO erred in not providing the opportunity for cross-examination, violating natural justice. The additions were solely based on Shri Mukesh Chokshi's statement. Therefore, the Tribunal directed the AO to allow the assessees to cross-examine Shri Mukesh Chokshi and reconsider the issues after considering any additional information or explanations provided by the assessees. Consequently, the appeal was allowed for statistical purposes.

This judgment highlights the importance of adhering to principles of natural justice, specifically the right to cross-examination, in assessment proceedings. The Tribunal emphasized the need for assessees to have a fair opportunity to present their case and challenge the evidence against them. The decision underscores the significance of procedural fairness in tax assessments, ensuring that assessees are given a chance to refute allegations and provide explanations before adverse findings are made.