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CIT(A) Cannot Replace Section 68 for Section 69A Without Hearing: ITAT Raipur
Case Law Details
- Case Name
- Vijay Kumar Jaiswal Vs ITO (ITAT Raipur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2014-15
- Courts
- All ITAT, ITAT Raipur
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Vijay Kumar Jaiswal Vs ITO (ITAT Raipur)
The Raipur ITAT allowed the assessee’s appeal arising from the order of the CIT(A)/NFAC for AY 2014-15, holding that the appellate authority could not substitute Section 68 of the Income Tax Act for Section 69A without issuing statutory notice or providing an opportunity of hearing to the assessee.
The Assessing Officer had made an addition of ₹17,76,480 under Section 69A as unexplained money in relation to cash deposits. The Tribunal noted that while the assessment proceedings and the enquiry conducted by the Department were entire...






