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2012 (8) TMI 234 - AT - Income TaxSearch and seizure - no opportunity of cross examination of the persons provided to assessee, based on whose statements substantial addition had been made on account of disallowance of deduction u/s 80IB(10) and other dis-allowances - Held that - The request for cross examination had been made only before CIT(A) which had not been acceded to by CIT(A). In our view, order of CIT(A) confirming various additions made by AO without allowing the assessee an opportunity of cross examination of the parties whose statements had been used against the assessee cannot be sustained. Order of CIT(A) set aside and matter restored back with a direction to allow the assessee opportunity of cross examination by remanding the matter back to AO.
Issues involved:
1. Disallowance of deduction under section 80IB(10). 2. Opportunity of cross-examination of various persons based on whose statements additions were made. 3. Disallowances on account of bogus purchases and labour charges. 4. Addition on account of excess/shortage of stock items. 5. Relief given by CIT(A) on unaccounted sales. Analysis: 1. Disallowance of deduction under section 80IB(10): The case involved a search under section 132 of the Income Tax Act, 1961, in the Kores group, leading to the disallowance of deduction under section 80IB(10) for assessment years 2005-06 to 2007-08. The AO disallowed the claim based on the project commencement date, unit size, and plot area criteria. The CIT(A) confirmed the disallowance. The assessee disputed the disallowance and the lack of opportunity for cross-examination of relevant persons. The Tribunal set aside the CIT(A) order, directing a remand for cross-examination and a reasoned order after considering the remand report. 2. Opportunity of cross-examination: The primary issue was the denial of the assessee's opportunity to cross-examine individuals whose statements led to substantial additions. The assessee requested copies of statements and cross-examination opportunities post-assessment. The Tribunal found that the CIT(A) confirmed additions without allowing cross-examination, leading to the order's setting aside and remand for cross-examination and a reasoned order. 3. Disallowances on account of bogus purchases and labour charges: In assessment years 2003-04 and 2004-05, the assessee raised disputes on merit regarding disallowances for bogus purchases and labour charges. The issue of lack of cross-examination opportunities was also raised, leading to the Tribunal's decision to remand the matter for further examination. 4. Addition on account of excess/shortage of stock items: The assessee disputed the addition related to excess/shortage of stock items in the assessment year 2007-08. The Tribunal allowed the appeal for statistical purposes, emphasizing the need for a fair opportunity for cross-examination. 5. Relief given by CIT(A) on unaccounted sales: The revenue raised a dispute in the assessment year 2007-08 regarding relief granted by the CIT(A) on unaccounted sales. The Tribunal allowed the appeal for statistical purposes, highlighting the importance of a thorough examination and cross-examination process for a just decision. In conclusion, the Tribunal's judgment emphasized the fundamental right of the assessee to cross-examine individuals whose statements impact tax assessments. The decision to remand the matter for cross-examination and a reasoned order underscored the significance of procedural fairness in tax disputes.
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