Voluminous documents produced by Assessee cannot be discarded merely on the basis of statement of two individuals

Pr CIT Vs Paradise Inland Shipping Pvt. Ltd (Bombay High Court)

Once the Assessee has produced documentary evidence to establish the existence of such Companies, the burden would shift on the Revenue-Appellants herein to establish their case. In the present case, the Appellants are seeking to rely upon the statements recorded of two persons who have admittedly not been subjected to cross examination. In such circumstances, the question of remanding the matter for re-examination of such persons, would not at all be justified. The Assessing Officer, if he so desired, ought to have allowed the Assessee to cross examine such persons in case the statements were to be relied upon in such proceedings. Apart from that, the voluminous documents produced by the Respondents cannot be discarded merely on the basis of two individuals who have given their statements contrary to such public documents.

Full Text of the High Court Judgment / Order is as follows:-

Heard Ms. Susan Linhares, learned Counsel appearing for the Appellant and Mr. Jain, learned Counsel appearing for the Respondents.

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