Prakash Chand Nahata v. CIT

ACIT(Central)-1, Indore vs. Shri Punit Agrawal, Mhow

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shrib.M. Biyani

…was relied upon by the AO as basis of the addition made in the assessment then it is incumbent upon the AO to give an opportunity to the assessee to cross examine Shri G.C. Patidar. The Hon’ble jurisdictional High Court in case of Prakash Chand Nahata vs. CIT 301 ITR 134 has held in para 19 to 20 as under: “19. In the case at hand Mohd. Rashid was summoned and his statement was recorded. A request was made by the assessee to cross- examine him. The same was not allowed. On a perusal of the assessment order it is perceivable that the Assessing Officer has heavily relied upon the statement of Mohd. Rashid. The Asse…

ACIT(Central)-1, Indore vs. Shri Punit Agrawal, Mhow

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shrib.M. Biyani

…was relied upon by the AO as basis of the addition made in the assessment then it is incumbent upon the AO to give an opportunity to the assessee to cross examine Shri G.C. Patidar. The Hon’ble jurisdictional High Court in case of Prakash Chand Nahata vs. CIT 301 ITR 134 has held in para 19 to 20 as under: “19. In the case at hand Mohd. Rashid was summoned and his statement was recorded. A request was made by the assessee to cross- examine him. The same was not allowed. On a perusal of the assessment order it is perceivable that the Assessing Officer has heavily relied upon the statement of Mohd. Rashid. The Asse…

The Principal Commissioner vs. M/S Obulapuram Mining

Bench: K.SOMASHEKAR,UMESH M ADIGA

…ess or otherwise of the report to be tested, there is a clear violation of the principles of natural justice observed by him in relying upon it to the detriment of the assessee." 27.Further, in the case of Prakash Chand Nahta Vs. CIT reported in (2008) 301 ITR 134 (MP), wherein it is held as under: "17. In view of the aforesaid we answer the reference holding that as the AO had not summoned Mohd. Rashid, the proprietor of M/s Rashid & Co., Jabalpur in spite of the request made under s. 131 of the Act, the evidence of said Mohd. Rashid could not have been used against the assessee and in the absence…

The ACIT Central-1, Bhopal vs. Shri Narendra Gupta, Gwalior

Bench: Shri T.R. Senthil Kumar & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2014-15 Acit Central-1 Shri Narendra Gupta, Bhopal Gwalior बनाम/ Vs. (Appellant / Revenue) (Respondent / Assessee) Pan: Afqpg 8055 A Revenue By Shri P.K. Mitra, Cit-Dr Respondent By Shri Ashish Goyal & Shri N.D. Patwa, Ars Date Of Hearing 08.09.2022 Date Of Pronouncement 01.12.2022

…ansaction nor any opportunity of cross-examination was also provided to him. It is settled law that in absence of cross-examination, any addition made behind the back of the assessee is not sustainable as held in the case of Prakash Chand Nahta v/s CIT (2008) 301 ITR 134 (MP) Page 7 of 14 Shri Narendra Gupta Assessment year 2014-15 that as the AO has not summoned R inspite of his request made u/s 131 of the Act, the evidence of R could not have been used against the assessee in the affording a reasonable opportunity of being heard by summoning the said witness the assessment order was vitiated. Similarly, Hon'b…

Shri Gyanendra Singh Jadon, Indore vs. DCIT 1(1), Bhopal

In the result, this appeal of assessee is partly allowed

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2009-10 Shri Gyanendra Singh Jadon Dcit-1(1) M-4, Radio Colony, Bhopal बनाम Indore /Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Aespj9459E Assessee By Shri Anil Kamal Garg & Arpit Gaur, Ars Revenue By Shri Aditya Shukla, Sr. Dr Date Of Hearing 06.07.2022 Date Of Pronouncement 24.08.2022

…ansactions on affidavit and in their statements recorded by the lower authorities. At this juncture it is also relevant to take note of the ratio of the decision of Hon'ble Jurisdictional High Court of Madhya Pradesh in the case of Prakashchand Nahata Vs CIT, 301 ITR 134 MP. In the case of ACIT Vs Satyapal Wassan 295 ITR 352 (Jabalpur I.T.A.T.) as relied by the Ld. Senior Counsel where in it was held by the Coordinate Bench that the addition is not sustainable where paper not containing any details to indicate nature of transaction, period of transaction, persons involved or code for deciphering figures and asses…

Deputy Commissioner of Income Tax 1 (1), Bhopal vs. Shri Neeraj Mandloi, New Delhi

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2009-10

…ansactions on affidavit and in their statements recorded by the lower authorities. At this juncture it is also relevant to take note of the ratio of the decision of Hon’ble Jurisdictional High Court of Madhya Pradesh in the case of Prakashchand Nahata Vs CIT, 301 ITR 134 MP. In the case of ACIT Vs Satyapal Wassan 295 ITR 352 (Jabalpur I.T.A.T.) as relied by the Ld. Senior Counsel where in it was held by the Coordinate Bench that the addition is not sustainable where paper not containing any details to indicate nature of transaction, period of transaction, persons involved or code for deciphering figures and asses…

Birendra Kumar Sharma, Gwalior vs. ACIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…giving rise to income not disclosed in the books by the assessee the department’s presumption cannot 32 Mukesh Sharma IT(SS) No.88/Ind/2013 C.O.No.76/Ind/2014, ITA No.189/Ind/2013, ITA No.702 to 711/Ind/2016 & ITA No.542/Ind/2017 be tenable in law 11 (2008) 301 ITR 134 That seized document must be 15 & 79-83 (MP) Prakash speaking document no addition 16 Chand Nahta v. CIT permissible on the basis of dumb papers 12 (2007) 295 ITR That seized document must be Para 84- 352(Jabalpur speaking document no addition 29 110 I.T.A.T.) ACIT v. permissible on the basis of dumb Satyapal Wassam papers 13 (2008) 25 SOT 387 Si…