DILIP JAWAHARWAL CHANDAN,CHENNAI vs. ACIT, COMPANY CIR V(4), CHENNAI

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ITA 289/CHNY/2019Status: DisposedITAT Chennai29 April 2021AY 2011-123 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal admitted additional evidence submitted by the assessee, stating that it was in the interest of justice. The issues were remitted back to the AO for a fresh examination with the admitted evidence.

What were the facts?

The Assessing Officer (AO) rejected the assessee's books of accounts for failing to furnish relevant material and estimated business income. The CIT(A) partly allowed the assessee's appeal. The assessee then appealed to the Tribunal.

What were the issues?

Whether to admit additional evidence not produced before the lower authorities and whether the case should be remitted back to the AO for fresh consideration.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI DUVVURU R.L. REDDY & SHRI S. JAYARAMAN

Hearing: 25.03.2021

आदेश / O R D E R PER SHRI S. JAYARAMAN, ACCOUNTANT MEMBER:

1.

The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)-3, Chennai, in dated 30.11.2018 for the AY 2011-12.

2.

While making the assessment for the AY 2011-12, since the assessee has failed to furnish relevant material called for by the AO, the AO is rejected the books of accounts and estimated the business income of the assessee from Tejas Metal India @10% of the total turnover. Aggrieved the assessee preferred an appeal before the Ld.CIT(A), the Ld.CIT(A) partly allowed the assessee’s appeal. Aggrieved against that order, the assessee has filed this appeal before the Tribunal.

3.

The case was heard through videoconferencing. At the time of hearing, the Ld.AR could not present the case and pleaded that he was not having any papers. Per contra, the Ld.DR supported the orders of the respective authorities. At the time of dictation, it was noticed that the assessee has filed an application under Rule 29 of Income Tax Rules, 1963, before the Tribunal submitting, inter alia, that the assessee has furnished various confirmation copies before the AO at the time of assessment which would prove that the books of accounts were maintained properly and the assessee would be obliged to submit any further information asked by the AO and has enclosed additional evidences pleading that these details could not be submitted earlier as the books of accounts were seized by the Kerala & Andhra Police, etc., and hence, pleaded to admit the additional evidence.

4.

We have considered the assessee’s plea and we are of the opinion that in the interests of justice, additional evidences are required to be admitted and hence admit them. Since these materials were not placed before the AO, we deem it fit that the issues in this appeal are remitted back to the file of the AO for a fresh examination. The assessee shall produce all materials in support of his contentions before the AO and comply with his requirements in accordance with law. The AO after due examination of them and after affording effective opportunity to the assessee, decide the issues in this appeal in accordance with law.

5.

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

Order pronounced on the 29th day of April, 2021, in Chennai.

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