M/S WEMBLEY'S COOP HOUSE BUILDING SOCIETY LTD.,MOHALI vs. ITO, W-6(4), MOHALI
What did the Tribunal hold?
The Tribunal admitted the assessee's affidavit as additional evidence, which raised doubts about the genuineness of the receipts and the opportunity for cross-examination. Consequently, the issue was remanded back to the AO for fresh adjudication.
What were the facts?
The Assessing Officer (AO) reopened the assessment based on information that the assessee received cash payments of Rs. 17,00,000/-. The assessee denied receiving this amount in cash, stating that payments were to be made via cheque as per the agreement and that the receipts were not signed by him.
What were the issues?
Whether additions made based on photocopies of receipts without providing opportunity for cross-examination are valid, and whether an affidavit filed as additional evidence warrants a fresh adjudication.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Dhakeshwari Cotton Mills Ltd. v. CIT1,061 citing26 ITR 775 · 1954 · SC
- Vasantlal & Co. v. CIT193 citing45 ITR 206 · 1962 · SC
- Delhi in Shyam Sunder Jindal v. ACIT on 10.420 citing89 ITR 65 · 1973 · SC
आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to :
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