2012 (9) TMI 119 - AT - Income Tax

Addition to income - additional evidence submitted by assessee - Held that - As per the provisions of Rule 46A of Production of additional evidence before the Deputy Commissioner (Appeals) and Commissioner (Appeals)first stage is the assessee sought permission for admission of additional evidence, the next stage would come that such permission would be granted by recording reasons and thereafter the additional evidence would be sent to AO for examination. In the present case additional evidence produced before the CIT(A) by assessee were sent to the concerned officer which impliedly shows that according to the CIT(A) it is a-prima facie case and only after adducing the additional evidence he should asked for Remand Report from the concerned AO. In view of this subsequent review to withdraw the order for entertaining additional evidence by not calling the Remand Report is not justified - thus it is advisable to restore matter - in favour of assessee for statistical purposes.

Summary

Issues:
1. Addition of expenses on account of labor
2. Difference between ESIC payments
3. Addition on account of service tax payments u/s.43B
4. Unexplained agricultural income
5. Review of order by CIT(A) regarding additional evidence

Analysis:

1. Addition of expenses on account of labor:
The Assessing Officer made an addition of Rs.1,96,70,515 on account of inflation of expenses related to labor. The CIT(A) confirmed this addition, leading to the appeal by the assessee. The stand of the assessee was that additional evidences were filed before the CIT(A) to support the expenditure claim. However, the CIT(A) reviewed the matter without calling for the remand report from the Assessing Officer. The Tribunal held that once the CIT(A) calls for a remand report, they should not refuse to admit additional evidence produced by the assessee. The order of the CIT(A) was set aside on this ground.

2. Difference between ESIC payments:
Another issue raised was the difference between ESIC payments. The Tribunal emphasized the importance of following the provisions of Rule 46A, which outline conditions for admitting additional evidence. The Tribunal found that the CIT(A) was not justified in reviewing the order of the remand report without allowing the additional evidence produced by the assessee. The Tribunal set aside the order of the CIT(A) and directed a reevaluation of the matter after providing a due opportunity of hearing to the assessee.

3. Addition on account of service tax payments u/s.43B:
An addition of Rs.23,19,085 was made on account of service tax payments u/s.43B. The Tribunal did not delve into the merits of this issue as the primary focus was on the procedural irregularity related to the admission of additional evidence. The appeal was allowed for statistical purposes, indicating that the decision was based on procedural grounds rather than the substantive issues.

4. Unexplained agricultural income:
The Assessing Officer also added Rs.1,50,000 as unexplained agricultural income. However, this issue was not extensively discussed in the judgment as the Tribunal primarily focused on the procedural aspect of admitting additional evidence and the subsequent review by the CIT(A).

5. Review of order by CIT(A) regarding additional evidence:
The crux of the judgment revolved around the CIT(A) reviewing the order related to additional evidence without calling for the remand report from the Assessing Officer. The Tribunal emphasized the importance of following the provisions of Rule 46A and set aside the CIT(A)'s order, directing a reevaluation of the matter. The decision was made in the interest of justice, highlighting the need for a fair opportunity for the assessee to present their case.

In conclusion, the Tribunal's decision in this case primarily focused on procedural irregularities related to the admission of additional evidence and the subsequent review by the CIT(A), emphasizing the importance of following the prescribed rules and providing a fair opportunity for all parties involved in the appeal process.