CIT v. Text Hundred India Pvt. Ltd.

351 ITR 57High Court2013#1283 most cited

What is CIT v. Text Hundred India Pvt. Ltd. authority for?

The Tribunal has the discretion to admit additional evidence, even if filed by a party, when it deems it necessary for proper adjudication and to achieve substantial justice. This power can be exercised in the interest of justice.

88

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Text Hundred India Pvt. Ltd. · 351 ITR 57 · admission of additional evidence · ITAT Rule 29 · discretion of Tribunal · interest of justice · substantial justice · proper adjudication · appellate authority power to admit evidence · additional evidence CIT(A)

Issues it is cited on

Judgments citing CIT v. Text Hundred India Pvt. Ltd.

M/S. Samsung Heavy Industries Co. Ltd., Gurgaon vs. JCIT, Dehradun

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

ITA 1978/DEL/2015[2011-12]Status: DisposedITAT Delhi28 Mar 2016AY 2011-12

Bench: Sh. N. K. Saini, Am & Sh. A. T. Varkey, Jm Ita No. 1978/Del/2015 : Asstt. Year : 2011-12 M/S Samsung Heavy Industries Vs Joint Commissioner Of Income Tax Co. Ltd., C/O Price Water House (International Taxation), Coopers Pvt. Ltd., 17Th Floor, Dehradun Building 10, Tower C, Dlf, Cyber City, Gurgaon, Haryana-122002 (Appellant) (Respondent) Pan No. Aajcs7859K Assessee By : Sh. Pawan Kumar, Adv., Ms. Pooja Khanna & Sanjam Goel, Cas Revenue By : Sh. Anuj Arora, Cit Dr Date Of Hearing : 07.01.2016 Date Of Pronouncement : 28.03.2016 Order Per N. K. Saini, Am:

For Appellant: Sh. Pawan Kumar, Adv., Ms. PoojaFor Respondent: Sh. Anuj Arora, CIT DR
Section 143(1)Section 194CSection 234BSection 234CSection 271(1)(c)Section 40

…given by the AO to counter his allegations. The reliance is placed on the following case laws: " ACIT Vs Jay Engineering Works Limited 113 ITR 389 (Del) " K. Venkataramiah Vs A. Seetharama Reddy & Ors. (1963) AIR 1526 (SC) " CIT Vs Text Hundred India (P) Ltd. 351 ITR 57 (Del) " CIT Vs Kum Satya Setia 15 Taxman 345 (MP) 10 Samsung Heavy Industries Co. Ltd. 10. In his rival submissions the ld. DR supported the order of the AO and further submitted that ample opportunities were given to the assessee by the DRP as well as the AO. Therefore, the additional evidences which were not furnished earlier may not be admitt…

Shri Deeraj Singh, New Delhi vs. ITO, Faridabad

In the result appeal of the assessee is allowed for statistical purpose

ITA 5510/DEL/2015[2009-10]Status: DisposedITAT Delhi16 Dec 2015AY 2009-10

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 2009-10 Sh. Dheeraj Singh, Vs. Income Tax Officer, C/O-M/S.O.P. Sapra & Associates, Ward-11(1), Faridabad, C-763, New Friends Colony, New Delhi. (Pan: Bgzps5285B) (Appellant) (Respondent) Appellant By : Sh. Sanjiv Sapra, Fca Respondent By : Sh. Yatendra Singh, Sr.Dr Date Of Hearing: 17.11.2015 Date Of Pronouncement:16.12.2015 Order Per O.P. Kant, A.M.: The Present Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax(Appeals), Faridabad, Dated 19.09.2014 For The Assessment Year 2009-10 Raising Following Grounds Of Appeal: 1. That The Impugned Orders Of The Authorities Below Deserve To Be Cancelled As The Authorities Below Had Not Given Proper & Reasonable Opportunity To The Appellant Of Being Heard & To Lead The Evidence In Support Of Cash Deposited In The Saving Bank A/C. 2. That At Any Rate, The Additions Aggregating At Rs. 6,24,000/- As Made By The Learned Assessing Officer Ot The Income Of The Appellant & Confirmed By The Learned Commissioner Of Income Tax(Appeals) Is Arbitrary, Unjust, Illegal Inasmuch As The Appellant Had Field Proper Explanation Explaining The Source Thereof Support By Documentary Evidence.

For Appellant: Sh. Sanjiv Sapra, FCAFor Respondent: Sh. Yatendra Singh, Sr.DR
Section 143(2)Section 68

…efore the first appellate proceeding and that too after lot of efforts and persuasion and therefore the assessee could not produce said evidence before the lower authorities. In similar situations in the case of CIT v/s Text Hundred India (P) Ltd. Reported in 351 ITR 57, Hon’ble High Court of Delhi held that once it is found that party intending to lead evidence before the Tribunal for the first time was prevented by sufficient cause to lead such an evidence and that evidence would have material bearing on the issue which needs to be decided by the Tribunal and ends of justice demand admission of such an evidence…