2014 (4) TMI 74 - AT - Income Tax

Additional evidence - Whether CIT(A) has rightly rejected petition under Rule 46A for permission to file additional evidence - Held that - There has been a time gap of one year and four months for assessee to file necessary confirmations, verifications and all other documents on record so as to raise claims of expenses and deductions. Since no evidence was forthcoming, Assessing Officer had made all additions and issued notice. Arguments raised by assessee qua bank dispute and other factors are nowhere pleaded in additional evidence petition. Rule 46A qua admission of additional evidence confined to peculiar circumstances and does not apply in each and every case. Assessee had sufficient time from 1.9.2009 to 27.12.2010 to produce on record all relevant material. Since assessee had availed sufficient opportunities in course of regular assessment which also stands corroborated by remand report, no material prejudice has been caused to its interest. No fault with order under challenge - CIT(A) rightly rejected prayer for admission of additional evidence raised by assessee Decided against assessee.

Summary

Issues:
Assessment year 2008-09: Additional evidence petition rejection, principles of natural justice violation, appeal dismissal.

Analysis:
1. The appeal and stay petition were filed by the assessee for the assessment year 2008-09, stemming from the Commissioner of Income-tax(Appeals)-III, Chennai's order dated 29.4.2013 under section 143(3) of the Income-tax Act, 1961. The assessee, a domestic company engaged in steel coffee makers' manufacture and export, initially declared income of Rs. 72,60,800, later revising it to a loss of Rs. 8,22,648. The Assessing Officer made various additions totaling Rs. 2,46,44,911, leading to the appeal.

2. The assessee sought permission to submit additional evidence under Rule 46A, crucial for its claims, which was rejected by the CIT(A), who also dismissed the main appeal. The CIT(A) affirmed the Assessing Officer's additions, stating the assessee failed to make submissions despite multiple opportunities, causing the assessee's grievance.

3. During the hearing, the assessee argued against the rejection of the Rule 46A petition, emphasizing the necessity of admitted evidence and lack of confrontation with the remand report. However, the assessee did not challenge the Assessing Officer's additions. The Revenue supported the CIT(A)'s decision.

4. The Tribunal found that the CIT(A) rightfully rejected the additional evidence admission plea, as the reasons stated in the petition did not align with the arguments raised during the hearing. The Tribunal clarified that Rule 46A is limited to specific circumstances and upheld the rejection.

5. The assessee contended a violation of natural justice due to non-supply of the remand report, but the Tribunal held that the assessee had ample opportunities during assessment, and no material prejudice was demonstrated. The violation of natural justice only warrants relief when substantial prejudice is proven, which was not the case here.

6. Lastly, the assessee argued that the appeal was dismissed before the scheduled hearing date, but the Tribunal found no fault in the dismissal, as the assessee had not presented any material during assessment, and the rejection of the Rule 46A petition justified the appeal's dismissal. Consequently, the assessee's appeal was dismissed, rendering the stay petition moot.

This detailed analysis covers the rejection of the additional evidence petition, the alleged violation of natural justice, and the dismissal of the appeal for the assessment year 2008-09, providing a comprehensive understanding of the legal judgment.