PCIT v. Kishore Kumar Mohapatra [2024] 162 taxmann.com 4 / (2025) 475 ITR 195 (Orissa)(HC) Editorial: SLP of revenue, dismissed, PCIT v. Kishore Kumar Mohapatra [2024] 298 Taxman 648 / (2025) 475 ITR 198 (SC)

S. 45 : Capital gains-Exemption-Entry provider-Survey-Unexplained money-Principle of natural justice-No opportunity of cross examination was given-Order of Tribunal deleting the addition is affirmed. [S. 10(38), 68, 69, 133A, 260A]

During the course of scrutiny assessment, the assessee filed a revised return claiming exemption of long-term capital gains under section 10(38) of the Income-tax Act, 1961, which was rejected by the Assessing Officer. The Commissioner (Appeals) was satisfied that the shares were purchased through account-payee cheques, held in a dematerialised account for more than one year, and sold through a recognised stock exchange after payment of securities transaction tax. The Tribunal observed that where an assessee has wrongly offered an item of income or omitted to claim a deduction in the return, he is entitled to correct the mistake by making a request to the Assessing Officer and to seek deletion of additions made under sections 68 and 69. The statements of the so‑called entry providers relied upon to justify the additions were recorded on various dates in other proceedings not connected with the assessee and were recorded much before the date of the survey conducted on the assessee. The Tribunal held that the  assessee was denied an opportunity to challenge and cross‑examine the witnesses whose statements formed the basis for additions under sections 68 and 69; such failure to adhere to the principles of natural justice vitiated the assessment. Further, the Assessing Officer did not consider the Central Board of Direct Taxes’ circular permitting revised returns to be filed where claims were omitted; accordingly, the Tribunal was justified in deleting the additions and dismissing the Revenue’s appeal. (AY.2014-15)

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