FIBERHOME TELECOMMUNICATION TECHNOLOGIES CO.LTD ,DELHI vs. ACIT CIRCLE INTERNATIONAL TAXATION1(3)(1), NEW DELHI

Although, the assessee has raised several grounds, at the outset, learned Counsel for the assessee prayed that in this case, learned DRP has admitted certain additional evidences and asked the AO to examine them and pass a speaking order but AO has not done so. Hence, learned Counsel prays that the matter may be remitted to the Assessing Officer following the directions of the learned DRP and pass the order accordingly.

Having heard both the parties and perusing the records, we find that the learned DRP in para 3.2.2 of its order has held as under: “3.2.2 Along with the aforesaid submission, the assessee furnished an application for additional evidence vide submission dated 18.04.2022 which was remanded to the AO vide this office letter dated 19.04.2022. Reminders dated 02.05.2022 & 09.05.2022 were also sent to the AO for expediting the remand report. However, no remand report was submitted as directed by this Panel. The Panel, therefore, directs the AO to consider the submission of the assessee dated 18.04.2022 along with the additional evidence and pass a speaking order in respect thereof.”

We note that in the assessment order passed by the Assessing Officer, the above directions have not been complied with although, the same is noted therein. Hence, in the interest of justice, we remit this issue to the file of Assessing Officer. The Assessing Officer is directed to consider the issue afresh after duly considering the direction of the learned DRP as above.

In the result, the appeal filed by the assessee stands allowed for statistical purposes.