Law:

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Section 143 of the Income-tax Act, 1961 - Assessment - Additions to income - Assessment year 1996-97 - Tribunal set aside assessment order made by Assessing Officer on ground that he had not allowed assessee to cross-examine four persons whose statements were recorded at his back and which had formed basis of additions made by Assessing Officer - Whether action of Assessing Officer was acceptable in law - Held, no - Whether, however, since there was nothing wrong up to stage of recording statements of said four persons, proceedings conducted by Assessing Officer after recording their statements only were to be set aside and Assessing Officer was to be given liberty to re-initiate proceedings from that stage if he was still of same opinion, after allowing assessee to cross-examine all four witnesses whose statements were basis of earlier consideration - Held, yes Rajesh Sethi for the Appellant. Sandeep Goel for the Respondent. ORDER J.S. Khehar, J. - The respondent-assessee filed his Income-tax return for the assessment year 1996-97 on 30-4-2003. The Assessing Officer on examining the same passed an order under section 143/147 of the Income-tax Act, 1961 on 31-3-2004, wherein while completing the assessment, he made three additions to the declared income of the respondent-assessee, namely, a sum of Rs. 2,12,750 allegedly earned by the assessee as a consequence of purchase/sale of shares, a sum of Rs. 1,03,317 alleged to be unexplained credits found in the bank account of the respondent-assessee, as also a sum of Rs. 30,000 allegedly paid by the respondent-assessee for the purchase of a plot. 2. It is not a matter of dispute that while arriving at the aforesaid conclusions the Assessing Officer recorded at the back of the respondent-assessee, statements of Shri H.S. Maheshwari, Shri Parveen Mittal, Shri Sanjay Hasija and Shri Rajinder Gulati. It is also not a matter of dispute, that before the aforesaid statements could be taken into consideration, it was imperative for the Assessing Officer to confront the respondent-assessee with the aforesaid statements. It is also not a matter of dispute that the aforesaid statements were actually brought to the notice of the…

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