FALUN MAYURKUMAR SHAH,,AHMEDABAD vs. ITO, WARD-3(2)(2),, AHMEDABAD

This appeal filed by the assessee is directed against the order of the learned Commissioner of Income-tax (Appeals)-7, Ahmedabad [“CIT(A)” in short] dated 04.09.2017.

The assessee, in the present case, is an individual who derives income from business and other sources. The return of income for the year under consideration was filed by him on 09.10.2014 declaring total income at Rs.8,49,700/-. In the assessment completed under Section 143(3) of the Income-tax Act, 1961 (‘the Act’ in short) vide order dated 23.12.2016, the total income of the assessee was determined by the Assessing Officer at Rs.95,25,115/- after making the following additions/disallowances:-

Aggrieved by the order of the learned Assessing Officer, assessee preferred appeal before the learned CIT(A) challenging the various additions/disallowances made by the Assessing Officer. During the course of appellate proceedings before the learned CIT(A), certain details and documents were furnished by the assessee to support and substantiate his case on the various issues raised in the appeal relating to the disallowances/additions made by the Assessing Officer. The learned CIT(A), however, found certain discrepancies and anomalies in the details and documents furnished by the assessee and, rejecting the submissions made by the assessee on the basis of the said details and documents, he proceeded to confirm all the additions/disallowances made by the Assessing Officer while computing the total income of the assessee. Aggrieved by the order of learned CIT(A), the assessee has preferred this appeal before the Tribunal raising the issues relating to various additions/disallowances made by the Assessing Officer and confirmed by the learned CIT(A).

We have heard the arguments of both the sides and also perused the relevant material on record. The assessee during the course of appellate proceedings before the Tribunal has filed the following additional evidences:-

The assessee has also filed an application seeking admission of the additional evidence explaining therein the reasons for not producing the same before the Assessing Officer. At the time of hearing before the Tribunal, the learned Counsel for the assessee has read out and highlighted the said reasons for explaining the inability of the assessee to produce the evidence during the course of assessment proceedings before the Assessing Officer. He has also submitted that some of these documentary evidences were filed before the learned CIT(A) but he did not take cognizance of the same by pointing out certain discrepancies which were not very relevant. He has also explained the relevance of these documentary evidences for the purpose of deciding the issues involved in this appeal of the assessee relating to various additions/disallowances made by the Assessing Officer and confirmed by the learned CIT(A). Keeping in view of the submissions made by the learned Counsel for the assessee and the nature of the additional evidences filed by the assessee which are relevant to decide the issues involved in this appeal of the assessee, we consider it fair and proper and in the interest of justice to admit the additional evidences filed by the assessee. The learned Sr. DR has also not raised any objection for admission

In the result, the appeal of the assessee is treated as allowed for statistical purposes.