1983 (12) TMI 80 - AT - Income Tax

Summary

Issues:
1. Adjournment request due to non-receipt of records by Departmental Representative.
2. Lack of opportunity for assessee to explain seized papers and diaries.
3. Admission of affidavits and evidence filed during penalty proceedings.
4. Setting aside assessment due to lack of proper opportunity for assessee.

Detailed Analysis:
1. The Departmental Representative requested an adjournment citing non-receipt of records from the Income Tax Officer (ITO). This request was rejected as hearings had been adjourned multiple times previously at the Departmental Representative's request. The Representative failed to provide evidence of granting the assessee an opportunity to explain the seized papers and diaries, which formed the basis of a substantial addition to the assessment. The Tribunal emphasized the rule of natural justice that an assessee must be confronted with the material used against them and given a chance to present their viewpoint. Despite the AAC's assertion of providing sufficient opportunity, the Tribunal disagreed, citing the Supreme Court's decision that assessments made without disclosing information to the assessee and denying them a chance to rebut constitute a violation of justice.

2. The issue of admitting affidavits and evidence filed during penalty proceedings arose. The Departmental Representative argued against their admission, relying on previous decisions. However, the assessee's representative contended that these documents should be admitted as they were already part of the record and due to the lack of proper opportunity during the assessment. The Tribunal referred to a Supreme Court decision where evidence gathered post-assessment but before appeal should be considered. Additionally, the assessee's representative highlighted a certificate from a third party that had not been examined by the ITO, indicating the need for a thorough examination of all relevant evidence.

3. Ultimately, the Tribunal set aside the assessment due to the lack of proper opportunity provided to the assessee. The Tribunal ordered a fresh assessment to be conducted in accordance with the law, considering all evidence and providing the assessee with a fair opportunity to present their case. The decision emphasized the importance of adhering to principles of natural justice and ensuring that all parties have a chance to be heard before conclusions are drawn in tax assessments.