PCIT. v. Hadoti Punj Vikas Ltd (2024) 296 Taxman 248 (SC) Editorial: Pr. CIT v. Oriental Power Cables Ltd. [2022] 143 taxmann.com 370 (Raj.) (HC)

S. 68 : Cash credits-Opportunity to cross examination was not given-Produced affidavit of lenders and notice issued was complied with-High Court affirmed the order of the Tribunal deleting the addition-SLP of Revenue is dismissed. [S. 131, 133(6), Art. 136]

SLP dismissed in a case where the assessee was not given an opportunity to cross-examine the persons whose statements were recorded during the investigation based on which additions were made in the hands of the assessee under S. 68 of the Act. Revenue had recorded statement of director of a lender who confirmed transaction of loan and even assessee produced affidavits and notices issued by revenue under sections 131 and 133(6) which were duly complied with by its creditors. It was further noted that there was no link found in documents and financial statements of companies concerned. Tribunal held that since assessee was not granted an opportunity to cross-examine person whose statements were recorded during investigation,  additions made by Assessing Officer on basis of such investigation which was not privy to assessee were to be deleted. High Court upheld order passed by Tribunal.

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