Tribunal held that AO was not barred from obtaining any adverse evidence that might come into his procession in course of reassessment. However, if he proposes to use such adverse evidences, if any, against assessee, he should give assessee adequate opportunity to rebut same Balance sheet showed no fixed assets. Non of cases PAN of directors were available. Financial statement as filed with ROC also did not show any share application money having been given nor received. Bank accounts shows that in all cases, transactions were with identical companies, from where, money was coming and it was received either on same day or immediately previous day to date of transfer of funds through RTGS. Evidences had been produced before AO had sent to Kolkata for examination as share applicants were based in Kolkata. Examining such persons in Kolkata at back of assessee would be clear violation of principles of natural justice.( AY.2013-14)
Pnn Steel (P) Ltd. v. ITO (2018) 166 DTR 217 / 193 TTJ 515 (Chennai)(Trib.)
S. 68 : Cash credits-Share application money–Natural justice violated -Examining such persons in Kolkata at back of assessee would be clear violation of principles of natural justice—Matter remanded. [S. 131]