2021 (10) TMI 918 - HC - Income Tax

Sworn statements used against the writ petitioner - request for cross-examination - HELD THAT - As the stated position that the sworn statements are not going to be used against the writ petitioner as set out in the counter affidavit and as captured in this order elsewhere supra by itself douses the request for cross-examination. In other words, it draws the curtains on the request for cross-examination. If statements are not going to be used against the writ petitioner, it cannot be gainsaid that the persons, who made the sworn statements have to be cross-examined. Therefore, it is not necessary to further dilate into 'NJP' 'Natural Justice Principle' . Owing to all that have been set out supra, this Court deems it appropriate to dismiss the captioned writ petition.

Summary

Issues Involved:
1. Whether the four communications qualify as representations.
2. Whether the petitioner should be permitted to cross-examine individuals listed in Schedules A and B.
3. Whether the documents listed in Schedule C should be provided to the petitioner.
4. Applicability of the principles of natural justice in the context of cross-examination requests.

Detailed Analysis:

1. Whether the four communications qualify as representations:

The court examined four communications dated 29.07.2019, 18.02.2021, 05.04.2021, and 06.05.2021. It was argued by the petitioner that these were representations, but the Revenue counsel contended they were responses to assessment communications. Upon perusal, the court found that these communications did not qualify as representations and did not discuss cross-examination, thus ending the first limb of the writ prayer.

2. Whether the petitioner should be permitted to cross-examine individuals listed in Schedules A and B:

The petitioner sought permission to cross-examine individuals listed in Schedules A and B. The court noted that the Revenue had issued summons to certain individuals, but they either did not appear or sought adjournments. For instance, Shri C.Arul Pandi, an employee of the petitioner, did not appear for cross-examination despite multiple summons. The court found it was the petitioner's responsibility to produce their employee for cross-examination. Similarly, the statement of Shri M.Kandhan, recorded in his official capacity, was not proposed to be heavily relied upon. The court concluded that since the statements were not going to be used against the petitioner, the request for cross-examination was unnecessary.

3. Whether the documents listed in Schedule C should be provided to the petitioner:

The petitioner requested documents listed in Schedule C, including outcomes of examinations by various departments. The Revenue counsel clarified that these documents were either not relevant or not proposed to be used in the assessment. For example, the statements of sand yard owners were not to be utilized as they had no knowledge of the petitioner firm. The court found that providing these documents would serve no purpose as they were not going to be used in the assessment.

4. Applicability of the principles of natural justice in the context of cross-examination requests:

The petitioner cited the Andaman Timber Industries case to argue for the right to cross-examine. However, the court distinguished this case by noting that in Andaman Timber, the statements were the basis of the impugned order, whereas in the present case, the Revenue had stated that the sworn statements were not going to be used against the petitioner. The court also referred to the Jyoti Gupta case, which similarly did not apply as the statements in question were not the basis of the assessment.

Conclusion:

The court dismissed the writ petition and the connected Writ Miscellaneous Petition (WMP). It held that since the sworn statements were not going to be used against the petitioner, there was no need for cross-examination, and the principles of natural justice were not violated. Consequently, the court found no merit in the petitioner's requests and dismissed the case without costs.