2025 (11) TMI 1581

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.... confirming the addition of Rs. 6 lacs as per para 6.5, page 48 of the order and have also erred in holding that corroborated evidence was found for sustaining of addition of Rs. 6 lacs. 2. That the Ld. CIT(A) has confirmed the addition without allowing the cross examination of the statement recorded during survey of the employees and having not allowed the cross examination, the very basis of addition as confirmed by the CIT(A) is not in order as per the judgment of Hon'ble Apex Court in the case of M/s Andaman Timber Store, reported in 281 CTR 241. 3. That the Ld. CIT (A) has erred in giving the finding that the addition is based by some corroborated evidence, which is against the facts and circumstances of the case.....

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....posed off. 3. Brief facts of the case, as per the written submissions of the Assessee are as under: - The Assessee is a case of Partnership Firm (Partners- Dr Bhupesh Gupta and Neelam Gupta) and it had been filing the Income Tax returns year after year and all the assessments of the company have been completed and there is no dispute with regard to any of the assessments framed earlier. The Assessee Firm is doing the business of manufacturing of steel fabrication at Village Bagbania. The raw material i.e Iron, Iron Sheets & SS Sheets are cut into pieces according to the requirement of the clients. The copy of Income tax return alongwith computation of income and Audited Profit and account and Balance Sheet for ....

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.... before the CIT(A) who also confirmed the additions so made by the Assessing Officer. 6. The ld. counsel submitted that the CIT(A) has failed to appreciate that the whole of the additions is based on the statement recorded during survey which has no evidentiary value at all and as such the entire addition of Rs. 15 lacs are not justified and only the appropriate addition of profit could have bene made by the Ld. CIT(A). Further, the whole basis for making the addition is the statement of employee of the Assessee firm for which even no opportunity to cross examine was given by the Assessing Officer. The Ld. counsel relied on the decision of the Hon'ble Supreme Court in 'CIT vs S Khader Khan Son, 25 taxmann.com 413 (SC) along with ....