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TMI Blog2021 (8) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... (A) confirmed the addition relying upon the evidence gathered by the AO i.e., in the form of statement given by the sellers before the Investigation Department. In our considered opinion, the approach of the ld. CIT(A) does not stand the judicial scrutiny as it is settled position of law that no addition can be made merely based on the statement of third parties and the CIT(A) without giving an opportunity to cross-examine the sellers, whose statements formed the basis of making addition, ought not have confirmed the addition - in order to meet the ends of justice, we remand the matter back to the file of Assessing Officer to re do the assessment afresh in accordance with the law. - ITA Nos. 116/PUN/2018 and 117/PUN/2018 - - - Dated:- 29- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer formed an opinion that the income had escaped from assessment and accordingly issued a notice u/s. 148 of the Act on 26.03.2015. In response to notice, no return of income has been filed by the appellant. The Assessing Officer after receipt of the statements recorded by the Investigation Wing, Pune from the Sellers stating that the cash deposits made by the said sellers is out of the sale consideration received on the sale of the lands to the appellant herein, had called upon the appellant to show cause why the addition should not be made, despite the several opportunities granted to the appellant, had not filed any information before the Assessing Officer. Therefore, the Assessing Officer had proceeded with the framing of the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 902, Wadebholai, Pune. On reading of the assessment order, it would suggest that the Assessing Officer made addition based on the statement given by the sellers before the Investigation Wing of the Department. No doubt, the Assessing Officer had given opportunity to the appellant to rebut the said evidence which was not availed of by the appellant for whatsoever reasons. But, during the course of proceedings before ld. CIT(A), the appellant had contested the addition on the ground that no reasonable opportunity was granted and no addition can be made merely based on the statement of third parties. The ld. CIT(A) confirmed the addition relying upon the evidence gathered by the Assessing Officer i.e., in the form of statement given by the sel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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