Om Prakash Tantia Vs. DCIT

Parties Involved

Facts Summary

The assessee filed a return of income declaring income of Rs 31,46,470/-. A search was conducted at the residential and business premises of the assessee on 18.11.2015. Certain documents were found and seized during the search. Subsequently, the AO issued a notice under section 153A of the Act. The AO completed the assessment by making additions of bogus Long Term Capital gain of Rs 19,18,144/- and 6% unexplained expenditure of Rs 19,18,144/- u/s 69 of the Act based on the statement of Shri Pradeep Kumar Jindal. Aggrieved by the order of the AO, the assessee filed an appeal before the CIT(A), which was dismissed. The assessee then filed an appeal before the Tribunal.…

Legal Issues

• 1. Whether the assessment orders of Ld AO and first appellate order of ld CIT-A are bad in law as they are framed without authority of law and ultra vires to provisions of the 1961 Act.
• 2. Whether the assessment orders violate the principle of natural justice for non-confrontation of relied upon material and lack of cross-examination.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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