Held that the assessee’s specific request before the Assessing Officer for cross-examination was not granted. The additions were made solely on the basis of statements without conducting any independent enquiry. Failure to grant opportunity to cross-examine M was illegal and fatal to the assessment order. The Tribunal also held that the assessment order ought to have been passed under section 153C and not under section 143(3) of the Act. (AY.2003-04 to 2006-07)
Co-Operative Co. Ltd. v. Dy.CIT (2021)88 ITR 322 (Delhi)(Trib.)
S. 153C : Assessment-Income of any other person-Search-Opportunity of cross examination. Was not given-Addition is not valid-Order passed u/s. 143(3) is bad in law-Order ought to have been passed u/s. 153C. [S. 132, 143(3), 153A]