2011 (2) TMI 421 - HC - Income Tax

Addition - allowability of the additional evidence before the disposal of the appeal by the Tribunal and not after the disposal of the appeal by the Tribunal - the issue needs reconsideration by the Adjudicating Authority as regards the issue of taxable services under appropriate services and remand the matter back to the Adjudicating Authority to follow the principles of natural justice while coming to a conclusion - Since the Assessing Officer erroneously declined to consider the additional evidence gathered after the disposal of the appeal, the petitioner had no option but to move the Tribunal by way of miscellaneous application - Appeal is dismissed

Summary

Issues:
Challenge to assessment order under Income-tax Act, Tribunal's rejection of miscellaneous application for additional evidence post-appeal disposal.

Analysis:
The petitioner challenged the assessment order made under the Income-tax Act, which included additions due to failure to produce loan confirmation letters. The CIT(A) confirmed the additions, leading to an appeal before the Tribunal. During the appeal, the petitioner obtained some confirmation letters and requested the Tribunal to consider them as additional evidence. The Tribunal allowed this additional evidence and sent the matter back to the Assessing Officer for review. However, when the Assessing Officer received more loan confirmations not presented to the Tribunal, they refused to consider them, citing the Tribunal's specific instructions. Consequently, the assessment order was passed on 29-12-2009. Instead of challenging this order, the petitioner filed a miscellaneous application seeking to broaden the scope of additional evidence beyond what was allowed during the appeal. The Tribunal rejected this application on the grounds that it lacked the power to review its previous order and allow additional evidence post-appeal disposal.

The High Court opined that the challenge to the assessment order could not be entertained as the petitioner had the option to appeal the Assessing Officer's decision regarding the consideration of additional evidence. Regarding the rejection of the miscellaneous application by the Tribunal, the Court held that the Tribunal did not have the power to review its order once an appeal had been disposed of on merits. The Court highlighted that Civil Courts have review powers under the CPC, which do not extend to Tribunals under the Income-tax Act. The petitioner's reliance on certain court decisions was deemed irrelevant as they pertained to Civil Courts' review powers, not applicable to the present case. Ultimately, the Court found no merit in the petition and dismissed it without costs.