ThynkTax /Tax Reference /Case Laws /Bhargav Patel - Right to cross-examine

Bhargav Patel - Right to cross-examine

Income Tax Appellate Tribunal·2024·ITR
Facts

Addition based on third-party statement; cross-examination denied.

Issue

Natural justice in faceless assessment.

Held

Right to cross-examine a third party whose statement is the basis of an adverse order is part of natural justice; denial vitiates the order.

Ratio

Cross-examination is a procedural right where relied-upon statement is adverse.

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