2010 (9) TMI 298 - HC - Income Tax

Whether on the facts and circumstances of the case, could it be said that proper opportunity was given in the case of not giving the copy of the statements and documents of Shri Pawan Sarin and his cross-examination in spite of request of the appellant for cross- examination and supplying the documents - Appellant dealing in real estate - Shri Pawan Sarin who had worked for the assessee - amount was due against his bills - Shri Sarin stated that he had not worked for the appellant - assessee also placed on record documents, which included agreement for construction entered into by the assessee with Shri Pawan Sarin - Assessee stated that, statement of Mr. Pawan Sarin was recorded, behind the back of the assessee and no opportunity to cross-examine - Held that - Additions made by AO for amount due by the assessee to Shri Sarin was not proper - Appeal is allowed by way of remand to AO

Summary

Issues:
Proper opportunity for cross-examination and supplying documents.

Analysis:
The appellant filed an income tax return for the year ending March 31, 1998, showing income from real estate dealings. The appellant claimed to have engaged a person, Shri Pawan Sarin, for development work with an outstanding amount due. The Assessing Officer summoned Shri Sarin, who denied working for the appellant. The appellant provided documents to support his claim, requested to cross-examine Shri Sarin, and repeatedly asked for the documents and cross-examination opportunity. However, the Assessing Officer added the amount to the appellant's income without granting the requested opportunity. The Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal upheld the decision. The High Court found that the statement of Shri Sarin was recorded behind the appellant's back, not supplied to the appellant, and the requested cross-examination opportunity was not provided. The Court held that the assessing authority's decision was improper and remitted the matter back for a fresh assessment, emphasizing the need to provide the appellant with the opportunity for cross-examination and due process.

This judgment highlights the importance of providing a fair opportunity for cross-examination and supplying relevant documents in income tax assessments. It underscores the principle of natural justice and the right of the appellant to challenge and substantiate claims through proper procedures. The Court's decision to quash the lower authorities' orders and remit the matter for a fresh assessment demonstrates the significance of procedural fairness in tax matters. The case serves as a reminder of the obligation on assessing authorities to ensure transparency, procedural regularity, and the right to be heard in tax assessments to uphold the principles of justice and equity.