ACIT, CIRCLE-40, KOLKATA, KOLKATA vs. SHRI ASHOK KUMAR CHANDA, KOLKATA
What did the Tribunal hold?
The Tribunal held that the CIT(A) violated Rule 46A by admitting additional evidence without giving the Assessing Officer an opportunity to examine it. Therefore, the matter was set aside and remitted back to the Assessing Officer for fresh adjudication.
What were the facts?
The Revenue appealed against the CIT(A)'s order deleting an addition for non-deduction of TDS and reducing a disallowance on foreign tour expenses. The assessee conceded to a violation of Rule 46A regarding additional evidence submitted to the CIT(A).
What were the issues?
Whether the CIT(A) erred in admitting additional evidence without providing the Assessing Officer an opportunity for examination, thereby violating Rule 46A of the IT Rules.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Manish Build Well (P) Ltd.120 citing204 Taxmann 106 · 2011 · HC
Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA
Before: Shri Aby T. Varkeyand Dr.A.L. Saini
O R D E R
PER Dr. A.L. Saini, AccountantMember:
- This caption appeal filed by the Revenue, pertaining to Assessment Year 2013-14, is directed against the order passed by the Ld. Commissioner of Income Tax (Appeals)-12, Kolkata, in appeal No.127/CIT(A)-12/Kol//Cir- 40/2015-16, dated 26.07.2016, which in turn arises out of an order passed by Assessing Officer u/s 143(3)of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’),dated 02.12.2015. 2.Revenue has raised following grounds of appeal:- “The Ld. CIT(A)-12, Kol has erred in law and facts as well as circumstances by deleting the addition of Rs.51,24,369/- for Non- deduction of TDS u/s. 40(a)(ia). It was recorded in the order that assessee declared that he could not furnish the required certificate u/s. 201(1). CIT(A) has violated the rule u/s. 46A, not to send the submissions (certificate and the copy of return of M/s Century Plywood) to the AO. Moreover, the certificate is not in the name of assessee. It ACIT, Cir-40 Kol. Vs. Sh Ashok Kr. Chanda Page 2 may also be mentioned that the case of ‘Ansal Land Mark Township (P) Ltd.’ is yet to reach finality and the decision not appeal on facts. The LD. CIT(A)-12, Kol has erred in law and facts as well as circumstances reducing the disallowance on foreign tour of Rzs.9,42,137/- to Rs.2,35,534/-. The assessee could not produce any supporting evidences regarding his foreign tour at the time of assessment proceedings. The Ld. CIT(A)-12, Kol has violated the rule u/s. 46A, not to send the submission to AO for verification.”
3. At the outset, itself, Ld. counsel for the assessee has fairly conceded that there is a violation of Rule 46A of Income Tax Rule, 1962 in respect of both the grounds raised by the Revenue. On the other hand, Ld. DR for the Revenue has also fairly agreed with the submissions of Ld. counsel for the assessee that Ld. CIT(A) has violated the provisions of Rule 46A of I.T. Rules, 1962 and considered the additional evidence without giving an opportunity to the Assessing Officer to examine them. 4.We note that in the appellate order,in para 3.2, the ld CIT(A) accepted additional evidence from the assessee stating that “… The appellant has submitted the necessary proof by way of a certificate of accountant under first proviso to sub section (1) of section 201 of the I.T.Act for certifying the furnishing of return of income”. Therefore, it is abundantly clear that the assessee has furnished some additional documents before the Ld. CIT(A) and in turn the Ld. CIT(A) has not sent the said additional documents for verification of the Assessing Officer and therefore the Ld. CIT(A) has violated the provision of Rule 46A of IT Rules, 1962. We also note that assessee could not produce any supporting evidence, regarding his foreign tour, at the time of assessment proceedings, and the assessee has produced only these additional evidences before Ld. CIT(A) for the first time. Therefore, we are of the view that Assessing Officer has not been given opportunity to examine the additional evidence submitted by assessee. We are of the view that Ld. CIT(A) ought to have given an opportunity to the Assessing Officer to examining the
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- Gagan Bihari Rout@Gagan Rout vs. State Of OdishaOrissa · 28 Oct 2026
- Biswanath Rana vs. The Commissioner, CT And GST, Odisha, CuttackOrissa · 28 Oct 2026
- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026