DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), BHILAI vs. MESERS SHREE ARIHANT TRADERS, BHILAI
What did the Tribunal hold?
The tribunal held that the CIT(A) erred in adjudicating issues based on fresh evidence without consulting the AO, violating Rule 46A of the IT Rules. Therefore, the matter was restored to the CIT(A) for fresh adjudication.
What were the facts?
The revenue appealed against the CIT(A)'s order deleting additions made under sections 41(1) and 2(22)(e) of the Income Tax Act. The CIT(A) had accepted fresh evidence without allowing the Assessing Officer an opportunity to examine it.
What were the issues?
Whether the CIT(A) erred in accepting fresh evidence without providing the AO an opportunity to examine it, 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
Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR
Before: SHRI RAVISH SOOD, JM & SHRI ARUN KHODPIA, AM
O R D E R
Per Arun Khodpia, AM :
The revenue has filed this appeal against the order passed by the ld. CIT(A)-II, Raipur, dated 22.05.2019 for the assessment year 2014- 2015. The assessee has also filed cross objection.
The revenue in its appeal has raised the following grounds:-
1. On the facts and in the circumstances of the case, the Ld. CIT(A) erred in deleting the addition of Rs.19,06,854/- made by the AO u/s. 41(1) of the Income-tax Act, on account of sundry creditors outstanding balances.
2. On the facts and in the circumstances of the case, the Ld. CIT(A) erred in deleting the addition of Rs.2,70,00,000/- made by the AO on account of credit received from related company by applying provisions of sec. 2(22)(e) of the Income-tax Act, 1961.
3. On the facts and in the circumstances of the case, the Ld. CIT(A) erred in deleting the addition made by AO on account of disallowance of Rs. 1,21,72,320/- being transport payments 2 & CO No.25/RPR/2019 made in cash by invoking provisions of sec. 40A(3) of the Income-tax Act, 1961.
4. The Order of the Ld. CIT (A) is erroneous both in law and on fact.
5. Any other ground that may be adduced at the time of hearing.
3. Further, the revenue vide letter dated 02.012.2022 has filed the additional ground of appeal which reads as under :-
1. On the facts &in the circumstances of the case, the Ld. CIT(A) erred in deleting the addition of Rs.19,06,854/- made by the AO u/s 41(1) of the Act by accepting the 'fresh evidence' filed by the assessee violating the Rule 46A of the IT Rules which is unjustified & unwarranted..
2. On the facts & in the circumstances of the case, the Ld. CIT(A) erred in deleting the addition of Rs.2,70,00,000/- made by the AO u/s 2(22)(e) of the Act by accepting the 'fresh evidence' filed by the assessee violating the Rule 46A of the IT Rules which is unjustified & unwarranted.
4. Ld. CIT-DR before us drew our attention to the additional grounds challenging therein the violation of Rule 46A of IT Rules, 1962 by the ld. CIT(A) in accepting the fresh evidence filed by the assessee. He further submitted that the assessee has not furnished any information before the AO regarding the ledger account of M/s Shri Arihant Trade Links (P) Ltd and submitting the same before the ld. CIT(A) is absolutely fresh evidence, violating the provisions of Rule 46A of IT Rules, 1962. It was also submitted by the ld. CIT-DR that before accepting the evidences produced by the assessee, the ld. CIT(A) was required to ask the AO to examine the same and to offer his comments on the merits of such additional facts. Therefore, it was the prayer of the ld. CIT-DR that the matter deserves to be sent back to the file of ld. CIT(A) for fresh adjudication.
3 & CO No.25/RPR/2019 5. In response, the ld. AR of the assessee has fairly admitted that certain evidences pertaining to addition made u/s.41(1) of the Act were additionally submitted before the ld. CIT(A), were accepted and the adjudication was done based on the same, however, soft copy of books of accounts as well as written submissions were made before the ld. AO. Therefore, the addition u/s.2(22)(e) was made entire based on the records submitted by the assessee and therefore the contention of the revenue that additional evidences were submitted shall not be entertained.
We have considered the rival submissions and perused the material available on record. On perusal of the impugned order, it is found that the ld.CIT(A) has partly allowed the appeal of the assessee, therefore, the revenue is before us raising the grounds in the present appeal against the relief granted to the assessee and also the assessee has filed cross objection to challenge the addition confirmed by the ld. CIT(A). With respect to the additional ground of the department that the additional evidences were submitted before the ld. CIT(A) on the issue pertaining to addition u/s.41(1) of the Act as well as u/s.2(22)(e) of the Act, and ld. CIT(A) has adjudicated both the issues in favour of the assessee without consulting the AO to examine the said fresh evidences and to offer his comments on the same. This contention of the revenue was partly accepted by the ld. AR during the course of hearing. On perusal of the order of the ld. CIT(A), it is apparent that the additional evidences were taken into consideration to decide the issues in hand but without giving any opportunity to the Assessing Officer to examine and to revert with his
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