2015 (12) TMI 1844 - AT - Income Tax

Non admission of addiontioal evidence - CIT(A) has passed the appellate order without considering the application u/s. 250(4) read with Rule 46A of the Income Tax Rules filed by the assessee - HELD THAT - CIT(A) has not considered the application moved by the assessee for leading additional evidence u/r. 46A of the Rules. In order to meet the ends of justice, we are of the considered view that the order passed by learned CIT(A) without deciding the application for leading additional evidence moved by the assessee is not sustainable in the eyes of law and therefore the same is set aside and send back to the file of learned CIT(A) with the direction to decide the application moved by the assessee u/r. 46A after providing opportunity to the assessee. Appeal filed by the assessee is allowed for statistical purposes

Summary

Issues:
- Failure to consider application for additional evidence under Rule 46A of the Income Tax Rules by the learned CIT(A).

Analysis:

The appeal before the Appellate Tribunal ITAT Mumbai was against the order of the learned CIT(A) for the assessment year 2008-09. The main contention raised by the assessee was that the learned CIT(A) had not considered the application filed under Rule 46A of the Income Tax Rules for presenting additional evidence. The assessee's representative highlighted the importance of the additional documents for resolving the dispute at hand. The Tribunal observed that the learned CIT(A) had indeed not taken into account the application for additional evidence under Rule 46A. Consequently, the Tribunal concluded that the order passed by the learned CIT(A) was unsustainable in the eyes of the law. Therefore, the Tribunal set aside the order and directed the learned CIT(A) to review the application for additional evidence under Rule 46A and make a fresh decision after providing the assessee with an opportunity. The Tribunal emphasized the importance of considering the additional evidence for the sake of justice.

Since the Tribunal decided to send the case back to the learned CIT(A) for reevaluation of the application for additional evidence, it did not delve into the other grounds raised by the assessee. The Tribunal explicitly mentioned that the appeal was allowed for statistical purposes, indicating that the decision was primarily based on the procedural aspect of considering the additional evidence application. The order was pronounced in the Open Court on 9.12.2015, marking the conclusion of the Tribunal's decision in favor of the assessee regarding the failure to consider the application for additional evidence under Rule 46A.