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C. Vasantlal And Co. vs Commissioner Of Income-Tax, Bombay ... on 7 February, 1962

16. The next ground urged before us on behalf of the appellant is that the assessment had been framed in violation of the principles of natural justice, inasmuch as, the Assessing Officer had not afforded an opportunity of cross examining the witnesses, nor confronted the evidence gathered by the Investigation Wing of the Department. In our opinion, this is contrary to the evidence on record. The Investigation Wing of the Department had summoned four witnesses as well as Mr. Virendera Nehra who had given statement that on money was paid on behalf of the HBN Group of companies to the appellant on 24th February, 2010 on which date, the appellant was asked to cross examine them. The appellant had not availed the opportunity of cross examination that apart the appellant is very much aware of the adverse information against him as the same was confronted to him during the course of the statement recorded from him by the Investigation Wing. Hon'ble Supreme Court in a case of Sh. Vasantlala and Co. Vs. CIT, (1962) 45 ITR 206 (SC) has held that direct cross examination may not be necessary, if the facts of the case show that the assessee was in knowledge of the facts and the evidence is against him. Therefore, this 23 ratio is squarely applicable to the facts of the case since the appellant was confronted to the adverse information given against him by the said four witnesses.
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