9911796707
TMI Blog2025 (1) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the presumption that assessee was already aware of the statement recorded. Rejection of deeply is totally untenable. It is a bounden duty of the assessing authority to provide the materials that has been used against assessee to make addition in the hands of such assessee. There is nothing other than the statement recorded of the partner and the accountant of methods evergreen Enterprises in the possession of the revenue to justify the addition made in the hands of the assessee it is also noted that no further enquiries has been carried out by the AO to unearth any other circumstantial evidence is to support the statements that was relied upon to make addition in the hands of the assessee. It is no doubt a settled rule that the CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7,50,000/- as unexplained investment under section 69 of the I T Act. 3) On the facts and circumstances of the case as well as in law the Learned CIT(A) erred in confirming the action of the Learned A.O. on addition of interest income of Rs. 2,10,000/- under section 69B of the IT Act. 4) On the facts and circumstances of the case the Ld AO erred in completing the assessment without providing an opportunity of cross examination against the principles of natural justice. 5) The order passed by the Learned A.O. is devoid of any merit, arbitrary, uncalled for and bad in law, the appellant be given such relief or relief's as prayed for. Brief facts of the case are as under: 2. The assessee is an individual and filed its return of income for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 in respect of the assessee, the Ld. AO of assessee reopened the assessment by showing notice under section 148 of the act on 13/03/2019 after recording the reasons. In response to the notice under section 148, assessee filed its return of income as generally filed declaring total income of ₹8,63,860/-. The assessee also filed its objections for reopening that was disposed of by the Ld.AO by way of a separate order dated 12/12/2019. 2.3. The Ld.AO the initial statutory notices under section 143(2) of the act and 142(1) of the act of the assessee in response to which the assessee reply and details stating that assessee had not given any loan to or through Sri.Nilesh Bharani/Evergreen Enterprises. 2.4. The Ld.AO did not have the submis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had sought for the statements recorded on oath of Mr.Nilesh Bharani and the accountant of M/s.Evergreen Enterprises, vide letter dated 06/12/2019, along with objections to the reopening of assessment was raised. The Ld.AR submitted that, in para 5 of the assessment order, Ld. AO records the letter filed by the assessee wherein he also rejects the cross-examination of the persons who statements were used to make addition in the hands of the assessee. The Ld.CIT(A).AR thus submitted that, even the material that was seized/impounded from the searched premises was also not provided to the assessee. 4.1. The Ld.AR submitted that Ld. AO disposed of the objections filed by the assessee in letter dated 06/12/2019 wide order dated 12/12/2019. He su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 9.3 of the impugned order it is recorded that the assessee had filed attract and statement by Shree. Nilesh Bharani and therefore it is reasonable to presume that the assessee was aware about the statements made by Sri Nilesh Bharani. It is noted from the various submissions of the assessee before authorities below that the statements that has been reproduced in the assessment order has been denied by the assessee. 5.1. Be that as it may, assessee was never served with the copy of the statement of the partner as well as the accountant of methods evergreen Enterprises which is an admitted fact that categorically has been recorded in paragraph 5 of the assessment order that reads as under: 5.0. The assessee filed its objection to reopening ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he possession of the revenue to justify the addition made in the hands of the assessee it is also noted that no further enquiries has been carried out by the Ld. AO to unearth any other circumstantial evidence is to support the statements that was relied upon to make addition in the hands of the assessee. 5.4. It is no doubt a settled rule that the Ld.CIT(A) or the assessing officer is not bound by the technical rules of the Law of Evidence and that, it is open to them to collect materials, record statements etc, to facilitate an assessment even through private enquiry. But if the assessing officer desires to use such materials/statements against the assessee, the assessee must be informed of the material and must be given adequate opportun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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