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| The Tax Publishers2020 TaxPub(DT) 4015 (Mad-HC) : (2020) 275 TAXMAN 0020 INCOME TAX ACT, 1961
Section 143(3)
Where in relation to sale of property, assessee claimed to be a mere real estate intermediary, whereas AO alleged that assessee was major beneficiary in transaction, Tribunal was justified in remitting matter to CIT(A) so as to provide opportunity to the assessee for cross-examination of vendor.
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Assessment - Additions to income - In relation to sale of property, assessee claimed to be a mere real estate intermediary - Remand of matter for cross-examination of vendor
In relation to sale of property, assessee had claimed that she was a mere real estate intermediary. AO alleged that claim of assessee lacked truth and she was a major beneficiary in transaction. It was alleged that payment of sum made to vendor (S) was not substantiated with supporting documents. Assessee contended that an opportunity of cross-examination of S was not provided to assessee by CIT(A) and also raised ground that assessment framed under section 143(3) was invalid.Held: Since Tribunal, remitted back matter to CIT(A) giving opportunity to the assessee for cross-examination, and further directed CIT(A) to decide the matter, after giving opportunity of cross-examination to the assessee, substantial questions of law concerned, were left open to CIT(A) to decide the same on merits and in accordance with law.
REFERRED : Ponmani Suresh v. Dy. CIT [ITA No. 1011/Mds/2017, dt. 21-9-2017].
FAVOUR : Matter remanded.
A.Y. : 2012-13
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