“reliance on third party statement”

Natural JusticeCross-ExaminationCross-Examination2 judgments

RAMESH PURSHOTTAM MODI ,MUMBAI vs. INCOME TAX OFFICER CIRCLE 22(1), MUMBAI

In the result, the appeal of the assessee is allowed

ITA 6577/MUM/2025[2015-16]Status: DisposedITAT Mumbai19 Feb 2026AY 2015-16

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokarramesh Purshottam Ito Circle 22(1) Modi Income Tax 303, Modi House, Linking Vs. Department, Road, Khar West, Piramal Chamber, Mumbai-400 052 Dr. Ss Rao Marg, Parel, Mumbai 0 400 012 Pan/Gir No. Aahpm2793F (Applicant) (Respondent) Assessee By Shri Ashwani Kumar A/W Ms. Deepali Aggarwal, Ld. Ars Revenue By Shri Umashankar Prasad, Ld. Dr Date Of Hearing 12.02.2026 Date Of Pronouncement 19.02.2026

Section 143(3)Section 144BSection 147Section 148Section 250Section 94(7)Section 94(8)

sale were accepted, dividend could not be treated as unexplained. The assessee objected to inconsistent reference to sections 69A and 68, reliance on third party statements without furnishing copies or cross examination, and initiation of penalty. An additional ground was raised alleging violation of faceless procedure under section 151A

SIDDHBALI METALS,DELHI vs. ITO,WARD-2(4), FARIDABAD

Appeal is allowed for statistical purpose

ITA 774/DEL/2020[2016-17]Status: DisposedITAT Delhi19 Jan 2023AY 2016-17

Bench: Shri Kul Bharat

Section 143(1)Section 143(3)Section 147Section 40A(3)

statement without corroborating the same with other relevant evidence. 3. That there are plethora of judgments which in nutshell says that sole reliance on third party statements cannot be a sole basis of additions: I. ITA No. 373 OF 2005 Kolkata High Court in BANGODAYA COTTON MILLS LTD: 5 Sole ... reliance on third party statement was rejected, crux at page no. 13 of compilation of case laws. II. Hon'ble SC in V.C. SHUKLA case Papers seized in premises of third party cannot be the bases on which additions can be done, crux at page no. of compilation of case