PR. COMMISSIONER OF INCOME vs. HARI SHANKAR KHEMKA
What did the High Court hold?
The ITAT found that the assessee was not provided an opportunity to cross-examine the persons whose statements were used for additions. Furthermore, the statements themselves did not conclusively implicate the assessee, with only an oblique reference and no proof that the assessee was the person mentioned.
What were the facts?
A search action led to assessment proceedings against the respondent, increasing his declared income significantly for AY 2001-02 and 2002-03. The ITAT had previously restored the matter for fresh adjudication, and on remand, additions were made again.
What were the issues?
Whether the assessee was denied the right to cross-examine witnesses whose statements formed the basis of additions. Whether the evidence on record sufficiently implicated the assessee in the alleged transactions.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI 6. ITA 423/2015 PR. COMMISSIONER OF INCOME TAX .....Appellant Through: Ms Suruchi Aggarwal, Senior Standing Counsel with Ms Lakshmi Gurung, Junior Standing Counsel. Is . versus HARI SHANKAR KHEMKA Respondent Through AND 7 + ITA 472/2015 PR. COMMISSIONER OF INCOME Appellant Through: Ms Suruchi Aggarwal, Senior Standing Counsel with Ms Lakshmi Gurung, Junior Standing Counsel. . versus HARI SHANKAR KHEMKA Respondent Through CORAM: HON'BLE DR. JUSTICE S.MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU ORDER % 24.08.2015 1. The present appeals filed by the Revenue against the common order dated ITA Nos.42312015 & 47212015 Page 1 of 4 Digitally Signed By:AMULYA Signature Not Verified
2nd December, 2014 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA Nos.4044-45/Del/2015 for the Assessment Years ('AY') 2001-02 and 2002-03. 2. A search action was conducted on l51 December, 2004 under Section 132 of the Act in the case of Mr Brij Mohan Gupta, Gali Hing Beg, Tilak Bazar, Delhi. As a result of the search, documents having a bearing on the Assessee Respondent, who was engaged in cloth business at the Cloth Market, Old Delhi, as well as certain others, were seized by the Investigation Wing. Proceedings under Section 147 of the Act were initiated against the Respondent as a result thereof. It culminated in an assessment order being passed on 26th December 2008 under Section 143(3)/254 of the Act determining his total income at Rs 29,63,660/- as against Rs.1,63,656/- originally declared for AY 2001-02. Likewise, for AY 2002-03, the total income was increased to Rs.42,66,610/- as against Rs 1,66,610/- declared originally. 3. Against the deletion by the CIT (A) of the said additions, the Revenue file an appeal before the hAT. By an order dated 16th November, 2011 in ITA ITA Nos. 42312015 & 47212015 Page 2 of
_r No. 175 & 176/Del/2010, the ITAT restored the matter to the file of the AO for fresh adjudication. On remand, the AU framed fresh assessment orders on 19th March, 2013 making additions of Rs.28 lakhs in AY 2001-02 and Rs.41 lakhs in AY 2002-03. These additions were confirmed by the CIT (A).Thereafter, the Respondent file an appeal before the ITAT. 4. The ITAT noted that during the course of search operation loose papers/diaries were found and seized. In some papers full details of the parties were mentioned, whereas in some other papers the details were mentioned in coded form. These coded entries were stated to have been written by one Mr Ram Avtar Singhal, who was an Accountant of the group of Mr Brij Mohan Gupta that was engaged in hundi business. It is also revealed that Mr Rajiv Gupta who is son of Mr Brij Mohan Gupta was also actively involved in the unaccounted cash loan and hundi transactions. In the remand proceedings, the AU provided the Respondent, inter a/ia, with the statements of Mr Ram Avtar Singhal, Mr Rajiv Gupta and Mr Brij Mohan Gupta. 5. In its order dated 16th November, 2011, the ITAT had issued a direction ITA Nos.42312015 & 47212015 Page 3 of
C that the Assessee should be given an opportunity of cross-examining the persons on the basis of whose statement the additions were made. The ITAT now found that no such opportunity for cross-examination had in fact been provided to the Assessee even in the remand proceedings. Secondly, in the statements furnished to the Assessee it was found as a matter of fact that there was nothing which implicated the Assessee. As noted by the ITAT, "the only nexus as emanating from the said statement is restricted to an oblique reference to one Hari Sanker Khemka, Narayana, in the statement of Shri Ram Avtar, Accountant of BM group. There is nothing to establish that the said person is the Assessee, who during the assessment proceedings have denied that he is not the person referred by Ram Avtar Gupta. Admittedly, the Assessee is not from Narayana but from Cloth Market, Delhi." The above factual conclusions by the ITAT have not been shown to be perverse by the Revenue by producing any further material on record. The decisions having turned on facts, the Court finds no substantial question of law arises for consideration. The appeals are, accordingly, dismisse d. ,, S.MURALIDHAR, J 4t ^ ^-, VIBHU BAKHRU, J AUGUST 24, 2015/MK ITA Nos. 42312015 & 472/2015 Page 4 of 4
More judgments on Section 132
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Venish Vinodray Lalani, Rajkot vs Income Tax Officer, MorbiITA 197/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
Recent GST High Court judgments
Search GST case law →- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026