SHRI KANHIYA LAL GOEL,MEERUT vs. ITO, MEERUT

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ITA 2133/DEL/2017Status: DisposedITAT Delhi18 October 2017AY 2009-103 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal allowed the admission of additional evidence. The impugned order was set aside, and the matter was restored to the Assessing Officer for fresh adjudication.

What were the facts?

The assessee sought to file additional evidence before the ITAT which was not available with the Assessing Officer or CIT(A). This evidence was claimed to be crucial for the decision.

What were the issues?

Whether additional evidence, not produced before lower authorities, can be admitted by the Tribunal and if so, what is the consequential action.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES : SMC : NEW DELHI

Before: SHRI R.S. SYAL

For Appellant: Shri Gajendra Singh
For Respondent: Shri T. Vasanthan, Sr. DR
Hearing: 17.10.2017Pronounced: 18.10.2017

ORDER This appeal by the assessee is directed against the order passed by the CIT(A) on 04.01.2017 in relation to the assessment year 2009-10.

2.

At the very outset, the ld. counsel for the assessee sought to file certain additional evidence, which were not available with the Assessing Officer at the time of framing the assessment nor with the ld. CIT(A) at the time of the passing of the impugned order. It was stated that such evidence is crucial for the decision which goes to the very root of the matter. It was, therefore, prayed that the additional evidence be admitted. No serious objection was taken by the ld. DR to the admission of the additional evidence.

3.

I have heard the rival submissions and perused the relevant material on record. In the given facts when the assessee is now seeking to file fresh evidence which could not be adduced before the AO for the reasons beyond his control and admittedly such evidence is relevant for the decision, I am satisfied that the ends of justice would meet adequately if the impugned order is set aside and the matter is restored to the file of the AO for deciding the issue afresh as per law after allowing a reasonable opportunity of hearing to the assessee. Needless to say, the assessee will be at liberty to file any fresh material before the AO during such fresh proceedings.

4.

In the result, the appeal is allowed for statistical purposes only.

The order pronounced in the open court on 18.10.2017.

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