DURAIRAJ NEHRU EDWINRAJ,CHENNAI vs. ITO, CHENNAI

This appeal by the assessee is directed against the order passed by the Ld. Commissioner of Income Tax, Appeals (Central)-1, Chennai dated 24.03.2014 in for the assessment year 2008-09 passed u/s.250(6) r.w.s.143(3)

The assessee has raised two grounds in his appeal and the concise ground is reframed herein below for adjudication:- i. The Ld.CIT(A) as well as the Ld.AO has erred in disallowing

At the outset the Ld.AR submitted that though the assessee had furnished all the bills and vouchers with respect to the expenditure incurred, the Revenue authorities held that they were not produced before them for verification which is incorrect. He further submitted that the matter may be remitted back to the file of Ld.AO in order to verify the expenditure incurred with evidence. The Ld.AR further submitted that the assessee had disclosed the interest income earned by him correctly in the return and the Ld.AO as well as the Ld.CIT(A) erred in concluding that there were short disclosure of interest amounting to Rs.17,445/-. Hence it was prayed that the matter may be remitted back to the file of Ld.AO for verifying the same. The Ld.DR on the other hand argued in support of the orders of the Ld.AO as well as the Ld.CIT(A) and requested for dismissing the appeal of the assessee.

I have heard the rival submissions and carefully perused the materials on records. Considering the facts and circumstance of the case, I do not find the submission of the Ld.AR convincing. Even at this stage before me, the details of the bills and 3 vouchers and other particulars are not presented for verification. Therefore it appears that it is a lame excuse steered the Ld.AR / assessee in order to gain time. However, in the interest of justice, I hereby remit the matter back to the file of Ld.AO to decide both the issues raised in the appeal afresh there by giving one more opportunity to the assessee of being heard. I also caution the assessee and his AR to promptly co-operate before the Revenue authorities in order to complete their proceedings failing which the Revenue authorities shall be at liberty to pass appropriate order on merits and law, based on the facts and material available on record. I also direct the Ld. Revenue authorities to accept any evidences brought before them even for the first time and thereafter examining the same consider the case of the assessee as directed herein above.

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