Karti P. Chidambaram v. Add. CIT (2021) 437 ITR 206 282 Taxman 112/ 204 DTR 442 / 322 CTR 189 (Mad.)(HC)/Srinidi Karti Chidambaran v. Addl. CIT (2021) 437 ITR 206/ 282 Taxman 112/ 204 DTR 442 / 322 CTR 189 (Mad) (HC)

S. 153C : Assessment-Income of any other person-Search-Natural justice-Statement of third parties used against the assessee-Opportunity of cross examination of persons whose statement was recorded was not given-Matter remanded. [S. 132, Art. 226]

Allowing the petition the Court held that opportunity to be granted was not a mere opportunity and it must be meaningful and reasonable. The assessees must have time to put forth their defence statements, examine witnesses by engaging counsel or for personal hearing. The assessment orders and consequential demand notices and show-cause notices were quashed. The matters were remanded back to the assessing authority for fresh consideration and for providing reasonable opportunity to the assessees and thereafter passing orders of assessment. The assessing authority was also directed to provide an opportunity to cross-examine the persons, who had given statements against the assessees. Matter remanded. (AY.2014-15 to 2019 -2020)