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ITAT Deletes Section 69B Addition as Third-Party Loose Sheet Lacked Cross-Examination

Case Law Details

TaxGuru Citation
2026 taxguru.in 3267
Case Name
Sudha Aswal Vs DCIT/ACIT (ITAT Dehradun)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2019-20
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Sudha Aswal Vs DCIT/ACIT (ITAT Dehradun)

Core Issue: Whether an addition under Section 69B can be sustained solely on the basis of a loose sheet seized from a third party, when the assessee was not given an opportunity to cross-examine the person from whose possession the document was seized, thereby violating the principles of natural justice.

Facts:- A search under Section 132 was conducted in the case of Krishna Sharma and Sheetal Sharma.

During the search, loose sheets were seized allegedly showing that the assessee Sudha Aswal paid ₹16,89,000 in cash over and above the sale consideration of ₹19,90,000 for purchase of land.

Based on these seized documents, the AO made an addition of ₹16,89,000 under Section 69B in reassessment proceedings u/s 147.

The assessee contended that:

The document was seized from a third party.

It did not mention “cash payment.”

It was merely a dumb document without corroboration.

No opportunity was given to cross-examine the person from whose premises the document was seized.

The CIT(A) upheld the addition stating that cross-examination was not compulsory.

Tribunal’s Findings

The Tribunal held:

1. Document seized from third party

The loose sheet was seized from the premises of another person, not from the assessee.

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Author Info

CA Ajay Kumar Agrawal
Qualification: CA in Practice
Company: AJAY K AGRAWAL AND ASSOCIATES
Location: NEW DELHI, Delhi
Articles Published: 331

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