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

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.

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.

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.

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.

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