PCIT v. Arun Malhotra (2025) 475 ITR 217 (Delhi)(HC)

S. 69C : Unexplained expenditure-Search-Block assessment-Failure to issue cross examination-Order deleting the addition was affirmed.[S.69A, 132(4), 158BC, 260A]

Dismissing the appeal of the revenue the Court held that there was no justification for additions being made under section 69A since the records had established that the assessee had made genuine export sales and received export remittances through regular banking channels, that one CPS whose statement was recorded in the absence of the assessee had refused for cross-examination by the assessee, that according to the assessment order the statement of CPS was recorded prior to the date of search and could not be considered as statement recorded under section 132(4) during the search, that the allegation of the alleged threat to CPS was not substantiated by any evidence or material on record had held that the assessee had made genuine purchases from the two concerns in question and had accordingly deleted the additions reversing the findings of the authorities below. Order of Tribunal  affirmed. (BP. 1-4 1989 too 14-7-1999)

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