Case Law Details
Shri Jai Singh Yadav Vs ACIT (ITAT Jaipur)
No addition can be made only on the basis of statements of the third party without providing the opportunity of cross-examination of the person when specifically asked by the assessee in whose hand the addition has been made
Facts-
The assessee filed his original ROI u/s 139(1)declaring a total income of Rs.3,08,160/. A search and seizure operation u/s 132 was carried out by Income Tax Department on 19/11/2016 at the premises. By virtue of search, a warrant was issued in the joint name of assessee Jai Singh Yadav and his brother Gopal Lal Yadav. In the course of the search, various documents were found and seized by the department.
On the same date, a search Search was also carried out by the department at the residence/ premises of Sh. Harpal Yadav and M/s Kedia Real Estate LLP or Sh. Nirmal Kumar Kedia. Consequent to the search proceedings, AO issued the notice u/s 153A, and in response thereto, the assessee filed his return of income declaring the total income at Rs.3,08,160/-, same as declared u/s 139(1).
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