Addition based on oral evidence of third parties without opportunity of hearing not sustainable

Rajeev Gupta Vs ITO (ITAT Delhi)

The assessee has invoked the fundamental principles of natural justice and alleged that the same has not been followed by the Assessing Officer. Needless to say, these principles are the backbone of a judicial system and is an inseparable ingredient of fairness and reasonableness. It is contended on behalf of the assessee that the additions made in the present case towards unexplained credits under Section 68 r.w. Section 115BBE is primarily on the basis of oral evidence of third parties who have been alleged as entry op

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