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Facts
The assessee filed an appeal against a final assessment order for Assessment Year 2022-23, passed by the Assessing Officer under Section 143(3) read with Section 144C(13) following directions from the DRP. The assessee sought to admit additional evidence, a certificate from Karur Vysya Bank detailing Fixed Deposit Receipts, which was obtained after the draft assessment order and could not be produced before the DRP.
Held
The Tribunal admitted the additional evidence under Rule 27 of the ITAT Rules, 1963, acknowledging that the document was obtained after the draft assessment order. In the interest of justice, the matter was remanded back to the Assessing Officer to verify the said document and decide the issue afresh, taking into account the additional materials.
Key Issues
Whether additional evidence obtained after the draft assessment order can be admitted by the ITAT, and if so, whether the matter should be remanded to the Assessing Officer for fresh consideration based on such evidence.
Sections Cited
143(3), 144C(13), Rule 27 of ITAT Rules, 1963
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Before: SHRI S. RIFAUR RAHMAN & SHRI YOGESH KUMAR U.S.
ORDER PER YOGESH KUMAR, U.S. JM:
The present appeal is filed by the Assessee against the Final Assessment Order passed u/s 143(3) r.w.s. 144C(13) of the Act by the Assistant Commissioner of Income Tax, Circle, Intl. Tax-1(3)(1), dated 06/01/2025 for the Assessment Year 2022-23.
In consequent to the directions of the DRP, the A.O. passed the Final Assessment Order on 06.01.2025 u/s 143(3) r.w.s. 144C(13) of the Act. Aggrieved by the Final Assessment Order on 06.01.2025, the Assessee preferred the present appeal.
During the course of hearing, the Assessee filed an application for admission of additional documents under Rule 27 of the ITAT Rules, 1963 and contended that the Revenue decided the case of the Assessee based on the document issued by the Karur Vysya Bank dated 23.04.2024 detailing the amounts of FDRs which were renewed by the Assessee during the year and the amounts of FDRs which were made afresh during the financial year 2021-22. The ld. AR submitted that the Assessee obtained the said document from Karur Vysya Bank only after passing of the draft assessment order u/s 144C of the Act.
We have heard both the parties and perused the material available on the record.
It is evident that the said Karur Vysya Bank has issued certificate only after passing of the draft assessment order u/s 144C of the Act, which deprived the Assessee from producing the same before the DRP which ultimately resulted in passing the order impugned. Therefore, the interest of justice, we admit the additional evidence produced by the Assessee and remand the matter to the file of the A.O. for verification of the document and to decide the issue afresh by taking due cognizance of the said document along with other materials on record.
In the result, the Appeal of the Assessee is partly allowed for statistical purpose.
Order pronounced in the open court on 19th September, 2025