9911796707
TMI Blog2024 (11) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... THAT:- It is by now well-settled that taxing authorities entrusted with the powers to make assessment for taxes discharge quasi-judicial functions and they are bound to observe the principles of natural justice in reaching their conclusions. It is true that the assessing authority is not fettered by technical rules of evidence and pleadings and is entitled to act on material which may not be accepted as evidence in a court of law but that does not absolve it from the obligation to comply with the principles of natural justice. It is normally necessary that a copy of the incriminating statement of the witness must be given to the assessee in order to enable him to have an effective and useful cross-examination (State of Punjab vs. Bhagat Ram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner that despite a specific request having been made by the petitioner to furnish the complete sworn statement purported to have been recorded under Section 132 (4) of the Act and also an opportunity to cross-examine the persons whose statements were sought to be relied upon, the same was not granted on the premise that the above request cannot be entertained due to paucity of time. The relevant portions of the impugned order is extracted hereunder: 9. Hence, based on the material evidences found and seized and the sworn statements recorded during the search, assessee was show-caused on 23.03.2024 why Rs. 23,50,00,000/- should not be added to the returned income as unexplained cash credits. In response to the show cause assessee replied o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Constitution of India but a self-imposed restriction and the following circumstances viz., violation of principles of natural justice or lack of jurisdiction or error apparent on the face of the record are some of the exceptions carved out to the rule of alternate remedy for exercise of discretion under Article 226 of the Constitution of India. 7. It is by now well-settled that taxing authorities entrusted with the powers to make assessment for taxes discharge quasi-judicial functions and they are bound to observe the principles of natural justice in reaching their conclusions. It is true that the assessing authority is not fettered by technical rules of evidence and pleadings and is entitled to act on material which may not be accept ..... X X X X Extracts X X X X X X X X Extracts X X X X
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