UTE DESALADORA CHENNAI OPERACION Y MANTENIMIENTO,CHENNAI vs. DCIT INTERNATIONAL TAXATION 2(2), CHENNAI

All the appeals of the assessee are directed against the respective orders of the Assessing Officer consequent to the direction of the Dispute Resolution Panel. Since common issues arise for consideration in all these appeals, we heard these appeals together and disposing of the same by this common order.

At the outset, Sh. B. Ramakrishnan, the Ld. representative for the assessee, submitted that the assessee has filed additional evidence in respect of all the issues arise for consideration for all the years. Therefore, he submitted that the additional material may be admitted and the matter may be remitted back to the file of the Assessing Officer for reconsideration.

We heard Dr.M. Srinivasa Rao, the Ld. Departmental Representative also. According to the Ld. D.R., since the additional material / evidence was filed by the assessee, the matter needs to be re-examined by the authorities below. Therefore, he also submitted that the matter needs to be remitted back to the file of the Assessing Officer.

Having heard the Ld. representative for the assessee and the Ld. D.R., this Tribunal is of the considered opinion that since the assessee has filed additional material, the matter needs to be re- examined by the original authority. Therefore, the orders of the authorities below are set aside and the entire issue is remitted back to the file of the Assessing Officer. The Assessing Officer shall reconsider the matter in the light of the additional material filed by the assessee and refer the matter to the TPO and follow other procedures provided under the Income-tax Act and complete the assessments in accordance with law, after giving a reasonable opportunity to the assessee.

In the result, all the appeals filed by the assessee are allowed for statistical purposes.