2009 (11) TMI 72 - HC - Income Tax

Additional Evidence - Deduction of future expenditure production of additional evidence under rule 46A - additions of Rs. 20, 21, 710/- by including the provision for future expenses in the value of the work in progress as on 31.03.2003 - The assessee is a builder. In the course of assessment the Assessing Officer made addition to the declared income on the basis of the valuation of the work in progress. CIT (A) upheld the valuation of the assessee. The CIT (A) took into account affidavit filed before it by the assessee reiterating its stand. The view taken by the CIT (A) was upheld by the Tribunal rejecting the contention that additional affidavit could not be taken into account as doing so would violate Rule 46A of the Income Tax Rule 1962. held that - It is clear that the affidavit filed by the assessee was mere reiteration of the contention raised before the Assessing Officer. Rule 46A applies when there is additional evidence and not when there is affidavit reiterating the submissions.

Summary

Issues:
1. Valuation of work in progress for a builder.
2. Admissibility of additional affidavit in income tax assessment.
3. Interpretation of Rule 46A of the Income Tax Rule 1962.

Valuation of work in progress for a builder:
The appeal under Section 260A of the Income Tax Act, 1961 was filed by the revenue against the order of the Income Tax Appellate Tribunal, Amritsar Bench, regarding the valuation of work in progress for the assessment year 2003-04. The Assessing Officer had made additions to the declared income based on this valuation, which was upheld by the CIT (A). The CIT (A) considered an affidavit filed by the assessee in support of their valuation. The Tribunal also supported this view, rejecting the argument that considering the additional affidavit would violate Rule 46A of the Income Tax Rule 1962. The Tribunal emphasized that the affidavit was a reiteration of the assessee's contention and did not introduce new evidence. The Tribunal found no error in admitting the affidavit and upheld the CIT (A)'s decision.

Admissibility of additional affidavit in income tax assessment:
The main point of contention in this case was whether the additional affidavit filed by the assessee before the CIT (A) could be considered in the income tax assessment process. The Tribunal concluded that the affidavit was merely a reiteration of the arguments made by the assessee and did not introduce new evidence. The Tribunal held that the Assessing Officer was wrong in rejecting the affidavit and that there was no violation of Rule 46A of the Income Tax Rule 1962. The Tribunal's decision was based on the understanding that Rule 46A applies when there is new evidence presented, not when there is an affidavit supporting existing submissions.

Interpretation of Rule 46A of the Income Tax Rule 1962:
The High Court, after hearing the arguments from the revenue, determined that Rule 46A does not apply in cases where an affidavit is submitted merely to reiterate the contentions made before the Assessing Officer. The Court clarified that Rule 46A is relevant when there is new evidence presented, and in this case, the affidavit did not introduce any new evidence. Consequently, the Court found no substantial question of law to consider and dismissed the appeal filed by the revenue.

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