Shanti Prime Publication Pvt. Ltd.
Sec. 153C of Income-tax Act, 1961— Search and Seizure— Failure to give the assessee the right to cross-examine witnesses whose statements are relied upon results in breach of principles of natural justice, it is a serious flaw which renders the order a nullity and in the present case, the AO based on the seized material and statement given by the cashier of the college addition was made, therefore, the addition is based on the statement of the third party though assessee has not specifically asked for cross-examination, it is the duty of the AO to give opportunity to the assessee and allow him cross-examination and the assessee specifically denied that he has not paid any amount other than the amount paid by him as per the Government prescribed fee, thus, the addition made by the AO has to be deleted. If at all the AO is having any doubt about the donations received by the assessee, he ought to have summoned the donors and called the explanation and thereafter decided the issue. Without making any effort, simply making the addition on the basis of suspicion is not correct— Venkata Satya Surya Sree Ranganadha Raju Alluri vs. ITO [2020] 203 TTJ 25 (UO)(HYD)