ACIT(CENTRAL)-1, INDORE vs. SHRI PUNIT AGRAWAL, MHOW
Appeals are dismissed
ITA 791/IND/2019[2010-11]Status: DisposedITAT Indore31 Jan 2024AY 2010-11
Bench: Shri Vijay Pal Rao & Shrib.M. Biyani
Section 132Section 153ASection 269SSection 269TSection 271DSection 271E
…7.7 Thus, statement and witness cannot be used against the assessee without affording reasonable a opportunity of being heard as well as giving the assessee an opportunity for cross examination of the witnesses. Similarly in case of Vetrivel Minerals vs. ACIT 437 ITR 179 (Mad) the Hon’ble Madras High Court had held in para 22 & 23 as under: “22.On the next issue of refusal of cross examination of the persons whose statements were recorded during the time of search under Section 132(4) of the Income Tax Act, it is trite law that the person against whom a statement is used, should be given opportunity to counter an…