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Facts
The assessee's appeal pertained to an addition of Rs. 21,44,380/- made on account of unexplained investment, which was confirmed by the CIT(A). The addition was primarily based on loose sheets seized from a third party and a statement from Shri Kantilal M. Patel.
Held
The Tribunal held that the denial of an opportunity to cross-examine Shri Kantilal M. Patel, whose statement was the foundation for the reassessment and the addition, constituted a violation of natural justice. It observed that the lower authorities did not take sufficient steps to ensure cross-examination was completed.
Key Issues
Whether the reassessment proceedings and the consequential addition are valid when the assessee was denied a proper opportunity to cross-examine the key witness whose statement formed the basis of the assessment.
Sections Cited
143(3), 147, 148, 69, 131, 132, 139
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Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI PRABHASH SHANKAR
PER PRABHASH SHANKAR [A.Μ.] :- The present appeal arising from the appellate order dated 28.03.2025 is filed by the assessee against the order passed by the Learned Commissioner of Income-tax, Appeal, ADDL/JCIT(A)-2, Siliguri [hereinafter referred to as “CIT(A)