2015 (11) TMI 1807 - AT - Income Tax

Admission of additional evidence - additional evidence by citing Rule 46A of the Income tax Rules, 1962 - HELD THAT - CIT(A) has not pointed out as to which of the details/evidences furnished by assessee were in the nature of additional evidences to be admitted on record under rule 46A. Per contra, the assessee has claimed to have not submitted any additional evidence. In such situation, we are of the opinion, that without delving into this controversy, the assessee should be given an opportunity to get consideration on the details/evidences of both the projects. The matter, therefore, deserves to be restored to the file of AO for passing the assessment order after considering the details/evidences submitted by the assessee pertaining to budgeted cost of both the projects and revenue recognition therefrom. Therefore, set aside the impugned order and remit the case back to the file of AO on this limited issue, who after considering all the details of the projects and supporting evidence, shall pass the assessment order afresh after giving reasonable opportunity of being heard to the assessee. The assessee shall be at liberty to furnish all the details/evidences which he deems fit to submit in support of its case.

Summary

Issues:
1. Additional evidence submission and rejection by CIT(A)
2. Short recognition of revenue in Kanhan Project and Demo Zone Project
3. Appeal against the order of the CIT(A)

Issue 1: Additional evidence submission and rejection by CIT(A)

The appellant contested the CIT(A)'s decision to dismiss the appeal, arguing that no additional evidence was presented before the CIT(A) that had not already been submitted to the Assessing Officer (AO). The appellant claimed that all evidence submitted to the CIT(A) was either part of the 154 proceedings or was included in the reply to the AO. The appellant criticized the CIT(A) for not considering the details of the projects submitted before the authorities below, asserting that the order was unjust and against natural justice. Conversely, the assessment order highlighted that details mentioned in various replies were not accompanied by evidence, leading to the rejection of additional evidence by the CIT(A). In light of these submissions, the Tribunal found that the CIT(A) did not specify which details/evidences were considered additional under Rule 46A. As the appellant claimed no additional evidence was submitted, the Tribunal concluded that the appellant should be given an opportunity for the AO to consider all project details and evidence. Consequently, the Tribunal set aside the CIT(A)'s order and remitted the case back to the AO for a fresh assessment after considering all project details and supporting evidence.

Issue 2: Short recognition of revenue in Kanhan Project and Demo Zone Project

The appellant, engaged in civil construction contracts and consultancy services, declared a loss in the return of income for the assessment year. The AO noted discrepancies in revenue recognition for the Kanhan Project and Demo Zone Project, leading to the computation of short recognition of revenue by the appellant. The AO added the discrepancies to the total income of the appellant, which was upheld in the first appeal. The appellant challenged this decision in the current appeal. The Tribunal observed that the appellant recognized revenue based on budgeted estimated costs for both projects, resulting in budgeted profits. However, discrepancies in gross profit margins were identified by the AO, leading to the computation of short recognition of revenue. The Tribunal found that the CIT(A) upheld the AO's decision without proper consideration of the evidence submitted. Consequently, the Tribunal directed the AO to reevaluate the revenue recognition for both projects based on all details and evidence provided by the appellant.

Issue 3: Appeal against the order of the CIT(A)

The appellant appealed against the order of the CIT(A) for the assessment year, citing various grounds including the alleged errors in law and facts by the CIT(A). The appellant challenged the CIT(A)'s decision to sustain the additions made by the AO regarding revenue recognition in the Kanhan Project and Demo Zone Project. Additionally, the appellant sought direction for reducing income related to a specific project provision, which was disallowed by the AO and CIT(A) as contingent in nature. The Tribunal, after thorough consideration of the submissions and the impugned order, concluded that the CIT(A) failed to address the key issues raised by the appellant. Consequently, the Tribunal allowed the appeal for statistical purposes and remitted the case back to the AO for a fresh assessment, providing the appellant with the opportunity to present all relevant details and evidence for consideration.

---