2023 (3) TMI 1621

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....of the Ld. CIT(A)/NFAC, Delhi dated 22.09.2022 for AY. 2011-12. 2. The main grievance of the assessee is against the action of the Ld. CIT(A) upholding addition of Rs.8,75,000/-. 3. Brief facts is that the assessee had filed return of income for AY. 2011-12 on 25.07.2011 declaring total income at Rs.5,08,820/-. Later, the AO got information that investigation wing while conducting search in ....

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....rs for purchase of flat over and above sale consideration shown in the registered agreement; and also requested AO for cross-examination of the developer, if he had made any adverse statement against the assessee. However, the AO neither gave any statement recorded of the developer against the assessee regarding payment of 'on money' nor he summoned the developer for crossexamination and made an a....

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....essee denied making any payment of cash 'on money' over and above the sale consideration. And also requested the AO to provide him the adverse statement if any recorded regarding this allegation. And the assessee also requested the AO to provide an opportunity to cross-examine the person/developer who has given statement if any against him of having given 'on money'. However, the AO did not provid....

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....s notice against the assessee but if he is going to rely on those material (in this case the statement recorded u/s 132(4) of the Act of the developer) then he has to give a copy of the same to the assessee and provide an opportunity to the assessee to meet it/rebut/explain the same. Then only the AO can use it against the assesee. Here in this case, even though the assessee requested for a copy o....