9911796707
TMI Blog2016 (12) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... 415 of 1997, the assessee has preferred present Tax Appeal with the following substantial question of law for the consideration of this Court. "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in confirming the addition made merely on the basis of third party information but without any evidence thereof ? 2. Whether on the facts and in the circumstances of the case, reason to believe and forming an opinion for escapement of turnover would include mere statement of third party claiming any transaction without any supporting evidence thereof ? 3. Whether on the facts and in the circumstances of the case, Appellate Tribunal was justified in holding that there was no mistake apparen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the First Appellate Authority, which came to be dismissed by the First Appellate Authority vide order dated 03.03.1997. 2.3. Feeling aggrieved and dissatisfied with the order passed by the order passed by the First Appellate Authority, the appellant preferred Second Appeal before the learned Tribunal being Second Appeal No.415 of 2007. A Specific contention was raised before the learned Tribunal that before relying upon the books of account / material with respect to T.R.Somani & Sons and Bhavna Trade Agencies and while making the addition with respect to the purported unaccounted purchase from T.R.Somani & Sons and Bhavna Trade Agencies, the appellant was neither furnished such material / information gathered by the concerned officer an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aiming any transaction without any supporting evidence thereof ? 3. Whether on the facts and in the circumstances of the case, Appellate Tribunal was justified in holding that there was no mistake apparent on record in the case of the Appellant ?" 3.0. Shri Tanvish Bhatt, learned advocate for the appellant has appellant has vehemently submitted that the learned Tribunal has materially erred in confirming the reassessment order making the addition with respect to the purported unaccounted purchased from T.R.Somani & Sons and Bhavna Trade Agencies. It is submitted that the learned Tribunal has materially erred in not properly appreciated fact that reassessment order was passed by the AO and the additions were made with respect to the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade Agencies. It is submitted that therefore, the reassessment order can be said to be in breach of principles of natural justice. Making above submissions, it is requested to answer question in favour of assessee and against the revenue. In the alternative, it is requested to remand the matter to the First Authority and to pass appropriate order in accordance with law and on merits and after giving opportunity to the assessee after furnishing information gathered and received by the concerned officer of the department with respect to the alleged purported purchase from T.R.Somani & Sons and Bhavna Trade Agencies. 3.4. In support of his above submissions, he has relied upon the decision of the Division Bench of this Court in Tax Appeal No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the aforesaid T.R.Somani & Sons and Bhavna Trade Agencies, in which, there was reference of sale by them to assessee - appellant which were not recorded in the books of account maintained by the assessee, the Assessing Officer while passing reassessment order has made addition with respect to unaccounted purchase from aforesaid T.R.Somani & Sons and Bhavna Trade Agencies. However, it is required to be noted that the appellantassessee has not been given opportunity by furnishing material / information gathered by the concerned officer and even books of account / material with respect to T.R.Somani & Sons and Bhavna Trade Agencies. The assessee has not been afforded the opportunity of cross examination. The assessee has specifically dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sons and Bhavna Trade Agencies, in which, there is entry with respect to alleged sale by them to the appellantassessee and without giving any opportunity of being heard to the appellant to confront the said material and / or without giving any opportunity to cross examine them, straightway and solely relying upon the same, in exercise of powers of reassessment, the AO has made addition, which in the facts and circumstances of the case, cannot be sustained. 7.0. In view of the above and for the reasons stated above and in absence of any other corroborative evidence with respect to alleged transaction between T.R.Somani & Sons and Bhavna Trade Agencies and the appellantassessee and as the addition is made solely on the basis of books of acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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