2010 (11) TMI 30

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..... e basis of which decision to take a case in scrutiny is taken. - 555 of 2010 - - - Dated:- 22-11-2010 - Adarsh Kumar Goel and Ajay Kumar Mittal, JJ Avneesh Jhingan, Adv. for the Appellant Adarsh Kumar Goel, J 1. This appeal has been preferred by the assessee under Section 260-A of the Income Tax Act, 1961 (for short, "the Act") against the order of the Income Tax Appellate Tribunal, Chan .....

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..... ve been remanded to A.O. for allowing an opportunity to cross examine the Revenue official when the evidence being relied upon the Department was no evidence in the eyes of law? 2. Case of the assessee was taken up for scrutiny, as per Clause 2(q) of the CBDT guidelines i.e. introduction of fresh capital exceeding 10 lacs. The Assessing Officer, accordingly, made assessment, making addition to t .....

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..... counsel for the assessee. 4. Only plea which has been now raised is that the view taken by the Tribunal was perverse and mere prima facie view of introduction of capital exceeding 10 lacs was not sufficient. It was further submitted that there was no basis for forming such a prima facie opinion. 5. We are unable to accept the submission. At the stage of selection of case in scrutiny, final vie .....

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