DCIT, CHENNAI vs. M/S. RMP INFOTECH (P) LTD., CHENNAI
What did the Tribunal hold?
The Tribunal found merit in the Revenue's contention that the CIT(A) relied on fresh evidence without a remand report. Therefore, the matter was remitted back to the AO for fresh consideration.
What were the facts?
The Revenue appealed against the CIT(A)'s order deleting an addition made by the AO for non-deduction of TDS on courier charges. The assessee is a private limited company engaged in multi-level marketing.
What were the issues?
Whether the CIT(A) erred in deleting the addition based on fresh evidence without obtaining a remand report from the AO.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI A.MOHAN ALANKAMONY, & SHRI G. PAVAN KUMAR
आयकर अपील�य अ�धकरण, ‘ए’ �यायपीठ, चे�नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘A’ BENCH, CHENNAI �ी ए. मोहन अलंकामणी,लेखा सद�य एवं �ी जी. पवन कुमार, �या�यक सद�य केसम� BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER, AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER आयकर अपील सं./ITA No.2689/Mds/2016 िनधा�रण वष� / Assessment Year : 2008-09 The Deputy Commissioner of Income v. M/s. RMP Infotech (P) Ltd, Tax, Old No.183, New No.300, 1st Floor, Thambu Chetty Corporate Circle – 5(2), Chennai – 34 Street, Chennai – 600 001. PAN: AACCR1462N (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/Appellant by : Shri Shiva Srinivas, JCIT ��यथ� क� ओर से/Respondent by : None सुनवाई क� तारीख/Date of Hearing : 06.03.2017 घोषणा क� तारीख/Date of Pronouncement : 15.03.2017 आदेश / O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER:
This appeal is filed by the Revenue aggrieved by the order of the Ld. Commissioner of Income Tax (Appeals) in 11/CIT(A)-3 dated 29.06.2016 passed u/s. 250(6) r.w.s. 143(3) of the Act.
The Revenue has raised several grounds, however the crux of the issue is that the Ld. CIT(A) has erred in deleting the addition made by the Ld. AO of Rs.3,59,47,376/- invoking the provisions of Section 40(a)(ia) of the Act due to non-deduction of tax at source towards courier charges paid.
The brief facts of the case are that the assessee is a private limited company engaged in multi-level marketing of goods and services filed its return on 07.01.2010 electronically in response to notice u/s. 142(1) and notice u/s. 148 along with notice u/s. 271(1)(b) of the Act. Subsequently the assessment was finalized u/s.143(3) of the Act on 30.12.2010 wherein the Ld. AO made additions on account of three counts amongst which one of the addition was made for Rs.3,59,47,376/- invoking the provisions of Section 40(a)(ia) of the Act for non-deduction of tax at source against payment for courier charges. On appeal the Ld. CIT(A) deleted the addition.
At the outset, the Ld. DR submitted before us that the Ld. CIT(A) had deleted the addition based on fresh evidence without obtaining a remand report from the Ld. AO. It was therefore requested that the matter may be remitted back to the file of Ld. AO for fresh consideration in the light of the evidence filed before the Ld. CIT(A). Moreover at the time of hearing the Ld. AR failed to appear before the bench.
After hearing the Ld. DR, we find merit in his contention. Since it is evident that fresh evidence was filed before the Ld. CIT(A) based on which the Ld. CIT(A) has held the issue in favour of the assessee, we are of the considered view that the Ld. AO should also be given an fair opportunity to examine the fresh evidence placed before the Ld. CIT(A) for the first time. Therefore in the interest of justice we hereby remit the matter back to the file of Ld. AO for de-nova consideration.
In the result the appeal of the Revenue is allowed for statistical purposes.
Order pronounced on 15th March, 2017 at Chennai.
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