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Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD
Before: SHRI WASEEM AHMED&
The instant appeal filed by the assessee is directed against the order dated 24.12.2015 passed by the Commissioner of Income Tax (Appeals) - 2, Ahmedabad arising out of the order dated 16.03.2015 passed by the Learned DCIT, Circle-2(1)(1), Ahmedabad under section 143(3) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year 2012-13.
The assessee company, filed its return of income on 29.09.2012 declaring total income of Rs.31,14,400/-, which was selected for scrutiny and resultantly notice u/s - 2 - Golank Jewels and Forex Pvt. Ltd. vs. DCIT Asst.Year – 2012-13 143(2) of the Act dated 11.09.2013 was issued. The assessment proceeding was finalized upon making addition of Rs.1,63,50,000/- in respect of share capital, which was, in turn, confirmed by the Learned CIT(A). Hence, the instant appeal before us.
At the time of hearing of the instant appeal, the Learned Advocate appearing for the assessee submitted before us that by and under a submission dated 11.12.2015, the appellant submitted various additional details and/or evidences under Rule 46A to substantiate its claim with regard to the impugned addition. However, the same was otherwise mentioned in the order passed by the Learned CIT(A) to this effect that those documents have not been specified, neither any paper book containing those documents filed by the appellant. Ultimately, those documents, according to the Learned CIT(A) was not found in the file. The Learned Counsel further submitted that the details of those documents mentioned in the written submission dated 11.12.2015 has been reproduced in the order impugned at page 13 therein. It is the case of the assessee that those documents though were handed over to the representative of the assessee the same were not filed in due time before the Learned CIT(A). However, the paper book filed on 07.01.2019 contains those additional evidences which, according to the Learned AR, is required to be considered by the Learned CIT(A) in adjudicating the matter afresh. The Learned DR however, has relied upon the order passed by the authorities below.
Heard the respective parties, perused the relevant materials available on record. We find from the orders though the assessee by and under its letter dated 01.11.2015 mentioned those additional evidences, under Rule 46A, the same was not made available with the Learned CIT(A). Subsequently, once again the appellant has submitted an application under Rule 46A(2)(c) & (d) of the Income Tax Rule. However, those documents were not specified in such application, neither the paper book was found to be - 3 - Golank Jewels and Forex Pvt. Ltd. vs. DCIT Asst.Year – 2012-13 contained with those documents as mentioned in the order impugned. It is also the case of the authority that the appellant was given adequate opportunity to submit those necessary details in support of the genuineness of the share capital but the assessee failed to provide the same. In the absence of any good and sufficient reasons found by the Learned CIT(A) for not submitting those documents before the Learned AO by the assessee. The additional evidences under Rule 46A was ultimately not entertained.
We have carefully considered the order passed by the Learned CIT(A) and the observation made by him in regard to the additional evidences applied under Rule 46A of the Rule by the appellant. Time and again we find though those documents were promised to be submitted, the same were not furnished in due time. We deprecate this practice followed by the assessee.
However, we find that in order to prevent the miscarriage of justice, the additional evidences so placed by the assessee are needed to be taken into consideration by the Learned CIT(A) which was not done at the appropriate level during the appellate proceeding. Hence, we find it fit and proper to set aside the issue to the file of the Learned CIT(A) with a direction upon him to consider the additional evidences placed on record before us and also to consider any other additional evidences which the assessee may choose to file at the time of hearing of the appeal. The Learned CIT(A) is further directed to give an opportunity of being heard to the assessee during appeal. However, taking into consideration the repeated laches on the part of the assessee in conducting the matter before the Learned CIT(A) as discussed above, we are of the considered view to impose a cost of Rs.20,000/- upon the assessee to be submitted before the Revenue Department. The receipt whereof to be shown to the first appellate authority prior to the hearing of appeal takes place. We further make it clear that the assessee will also - 4 - Golank Jewels and Forex Pvt. Ltd. vs. DCIT Asst.Year – 2012-13 cooperate with the Learned CIT(A) in representing his case and will not take any further unnecessary adjournment. The Learned CIT(A) is further directed to finalize the appeal within a period of 4 months from the date of pronouncement of the instant order.
In the result, assessee’s appeal is allowed for statistical purposes. This Order pronounced in Open Court on 08/08/2019