9911796707
TMI Blog2013 (10) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing sufficient opportunity of hearing to the assessees. - ITA No. 62/Ahd/2005, 63/Ahd/2005, 64/Ahd/2005, 65/Ahd/2005, 66/Ahd/2005, 31/Ahd/2007, 32/Ahd/2007, 2419/Ahd/2006, 2420/Ahd/2006, 2421/Ahd/2006 - - - Dated:- 4-10-2013 - Shri G. C. Gupta And Tej Ram Meena,JJ. For the Petitioner : Shri S. N. Soparkar with Shri M. G. Patel For the Respondent : Shri P. L. Kureel, Sr-DR ORDER Per Bench:- This group of ten appeals preferred by different assessees relates to the assessment year 1997-1998. These are being disposed of with this consolidated order. ITA Nos.62 to 66/Ahd/2005 (Quantum appeals): 2. The learned counsel for the assessee submitted in all these quantum appeals, the only/main issue is regarding the action ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upta be discarded while considering and deciding the assessees' appeals. The learned counsel for the assessee submitted that a bare reading of the assessment order will show that entire assessment order holding the capital loss from sale of shares as not genuine, is based on the statement of Shri Ashok Gupta, recorded by the department. In these facts, he submitted that the only course left for the Tribunal is to restore the issue to the file of the AO with direction to discard the evidence of Shri Ashok Gupta, as per the directions of the Hon'ble High Court, and frame the assessment afresh on the basis of any other evidence, which may be available on record after allowing opportunity of hearing to the assessee. 3. The learned Sr.DR submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee is cast on the assessee. It would be a piquant situation if the assessee failed to produce the said witness before the Assessing Officer. The question may then arise whether on account of the assessee's failure to produce Shri Ashok Gupta for cross-examination and that therefore, no cross-examination could be carried out, what would be the effect of the Tribunal's order. To avoid all these complications, particularly in view of the Revenue's firm stand that quite independently of the evidence of Mr.Ashok Gupta, there was sufficient independent evidence to sustain the findings, we are inclined to set aside the order of the Tribunal and we accordingly set aside the same. Proceedings are remanded before the Tribunal. The Tribunal is req ..... X X X X Extracts X X X X X X X X Extracts X X X X
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