DCIT, COIMBATORE vs. M/S. T. STANES & CO. LTD., COIMBATORE

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ITA 2243/CHNY/2016Status: DisposedITAT Chennai16 August 2018AY 2009-102 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the Assessing Officer had not examined the new evidence. Therefore, the matter was remitted back to the Assessing Officer for re-examination.

What were the facts?

The Revenue appealed against the CIT(A)'s order for AY 2009-10. New evidence was presented before the CIT(A) and the Tribunal, which was not available to the Assessing Officer.

What were the issues?

The primary issues were the assessment of sales tax liability and the disallowance of an amount under Section 40(a)(ia) due to new evidence not being considered by the lower authorities.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘ B’ BENCH : CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P GEORGE

For Respondent: Shri R.Vijayaraghavan,Advocate

सुनवाई क� तार�ख/Date of Hearing : 18-07-2018 घोषणा क� तार�ख /Date of Pronouncement : 16-08-2018 आदेश / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER This appeal of the Revenue is directed against the order of the Commissioner of Income-tax (Appeals)-1, Coimbatore dated 23.03.2016 for the assessment year 2009-10.

2.

We heard Shri N.Gopi Krishna, learned Departmental Representative, and Shri R.Vijayaraghavan the ld. Counsel for the assessee.

3.

The first issue arises for consideration is assessment of Sales Tax liability. The second issue arises for consideration is disallowance of `18,78,289/- u/s.40(a)(ia) of the Act.

4.

Shri R.Vijayaraghavan, the ld. Counsel for the assessee, filed material evidences in the Appellate proceedings. These evidences were filed before the Ld.CIT(A) and before this Tribunal. The ld. Counsel for the assessee and the Departmental Representative clarified that these documents were not available before the ld. Assessing Officer. Therefore, the ld. Assessing Officer has no occasion to examine the same. In view of the above, this Tribunal is of the considered opinion that this matter needs to be re-examined by the ld. Assessing Officer. Hence, the orders of both the authorities below are set aside, and the entire issues raised by the assessee in its appeal are remitted back to the file of ld. Assessing Officer. The Assessing Officer shall re-examine the matter, considering the material filed by the assessee, and thereafter decide the same in accordance with law after giving a reasonable opportunity to the assessee.

5.

In the result, the appeal of the Revenue is allowed for statistical purposes.

Order pronounced on 16th August, 2018, at Chennai.

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