Thasil Babu Vs DCIT (Karnataka High Court)
Karnataka High Court held that the seized material that is used in the assessment proceeding against the petitioner is required to be shared with the petitioner/ assessee. Hence, matter remanded back.
Facts- The petitioner has challenged the assessment order dated 24.03.2024 passed by respondent No.1 u/s. 147 of the Income Tax Act, 1961. The case of the petitioner is that during the assessment proceedings, the respondent has relied on certain seized material and statements of certain persons and on the basis of such seized material and statements made, the Assessing Officer has proceeded to pass an order. It is submitted that the specific request of the petitioner for furnishing the entirety of the statements made as also the seized material, has not been accepted in its entirety and only the portions of statements were made available which has prejudiced the petitioner.
Conclusion- It is not in dispute that only portions of the statements were furnished to the petitioner as is evident from the assessment order. The request was specifically to provide “complete statements recorded”. It would be appropriate for a full opportunity to be given to the petitioner that complete statements recorded which are relied upon during the assessment proceedings being made over to the petitioner.
