No addition can be made u/s 69A on th basis of statement recordrd at the back of assessee

Section 69A read with section 132 of the Income-tax Act, 1961 - Unexplained money - Opportunity of hearing - On basis of search conducted against third person and his statements recorded therein, assessment for assessee was reopened and additions were made under section 69A - Tribunal deleted additions on ground that Assessing Officer violated principles of natural justice as assessee was not provided with statements and materials on basis of which additions were made - Whether though Tribunal's reasoning about denial of opportunity to assessee could not be faulted with, but in light of decision of Supreme Court in ITO v. M. Pirai Choodi [2011] 334 ITR 262/20 taxmann.com 733, matter was to be remitted back for fresh consideration by Assessing Officer who would proceed to make available necessary documents adverse to assessee - Held, yes [Para 5] [Matter remanded]

[2012] 27 taxmann.com 9 (Delhi)

HIGH COURT OF DELHI

Commissioner of Income-tax

v.

PC Chemicals*

S. RAVINDRA BHAT AND R.V. EASWAR, JJ.

IT APPEAL NOS. 281, 282, 285 TO 287 & 364 TO 366 OF 2012

SEPTEMBER 13, 2012