SHELTER INFRA PROJECTS LTD.,KOLKATA vs. DCIT, CIRCLE-10(2), KOLKATA, KOLKATA

At the outset, it has been brought to our notice by the Ld. AR that the documents/evidence which is relevant and necessary for adjudication of the issues before the AO could not be produced at the relevant time for reasons beyond control of the assessee and pleaded before us that assessee may not be penalized for not producing the documents which are essential for adjudicating the issues in a fair and just manner. We note that documents have been filed for the first time before us in the form of additional evidence which need to be examined by the AO for proper adjudication of the issues involved for assessment of the assessee. Therefore, in the interest of justice and fair play for both the parties, we deem it fit to set aside the impugned order of the Ld. CIT(A) and remand the Shelter Infra Projects Ltd., AY 2012-13 matter back to the file of AO for de novo assessment. Needless to say reasonable opportunity of being heard be given to the assessee. Therefore, appeal of assessee is allowed for statistical purposes.

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