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SUPREME COURT OF INDIA
S.H. KAPADIA, CJI., K.S. PANICKER RADHAKRISHNAN, SWATANTER KUMAR, JJ.
Income Tax Officer – Appellant
Versus
M. Pirai Choodi – Respondent
Civil Appeal Nos. 9756-9757 of 2010, S.L.P. (C) Nos. 1736-1737 of 2009
Decided On : 19-11-2010
ORDER :
1. Heard learned counsel on both sides. Leave granted.
2. In this case, the High Court has set aside the order of assessment on the ground that no opportunity to cross-examine was granted, as sought by the assessee. We are of the view that the High Court should not have set aside the entire Assessment Order. At the highest, the High Court should have directed the Assessing Officer to grant an opportunity to the assessee to cross-examine the concerned witness. Be that as it may, we are of the view that, even on this particular aspect, the assessee could have gone in appeal to CIT (Appeals). The assessee has failed to avail the statutory remedy. In the circumstances, we are of the view that the High Court should not have quashed the assessment proceedings vide impugned order.
3. Consequently, the impugned order is set aside. Liberty is granted to the assessee to move CIT (Appeals). It is made clear that the assessee herein will move the CIT (Appeals) within a period of six weeks from today.
4. Accordingly, these civil appeals stand disposed of.
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