2024 (6) TMI 1193 - AT - Income Tax

Ex-parte assessment u/s 144 - application seeking permission to submit the additional evidence - claim for exemption u/s 10(23C)(iiiad) - HELD THAT - Given that the assessment proceedings have been completed u/s 144 and the assessee has come forward with an explanation regarding non-appearance before the AO and has also moved an application seeking permission to submit the additional evidence, it was incumbent on part of the CIT (A) to consider the said prayer of the assessee for submitting additional evidence. In our view, we find that the additional evidence so submitted is critical and germane for deciding the matter under consideration and given that the assessment has been completed u/s 144, the assessee deserve to be allowed an opportunity to furnish the necessary explanation and documentation in support of its claim for exemption u/s 10(23C)(iiiad) of the Act. Therefore, we hereby admit the additional evidence and the matter is remanded to the file of the CIT (A) to examine the matter a fresh after providing reasonable opportunity to the assessee. The contentions on merits are thus left open and not adjudicated upon - Appeal of the assessee is allowed for statistical purposes.

Summary

Issues Involved:
1. Disallowance of exemption claim under section 10(23C)(iiiad) of the Income Tax Act, 1961
2. Assessment framed ex-parte under section 144
3. Non-adjudication on the admissibility of additional evidence

Analysis:

Issue 1: Disallowance of exemption claim under section 10(23C)(iiiad) of the Income Tax Act, 1961
The appeal was filed against the order of the Ld. CIT (A) pertaining to Assessment Year 2016-17. The Assessee, an educational society, claimed exemption under section 10(23C)(iiiad) by showing income from other sources. However, the AO disallowed the exemption claim as the Assessee failed to provide necessary details to substantiate the claim. The Ld. CIT (A) upheld this addition. During the appeal, the Assessee argued that it had regularly filed returns claiming the same exemption in subsequent years, and submitted additional evidence critical for determining eligibility. The Tribunal found the additional evidence crucial and remanded the matter to the Ld. CIT (A) for fresh examination, allowing the Assessee an opportunity to provide necessary documentation to support the exemption claim.

Issue 2: Assessment framed ex-parte under section 144
The Assessee contended that the assessment under section 144 was completed due to non-compliance with notices, citing reasons such as lack of internet access in the village and personal issues of the authorized manager. The Tribunal acknowledged the Assessee's explanation and emphasized that despite the assessment being under section 144, the Assessee deserved an opportunity to present additional evidence. The Tribunal directed the Ld. CIT (A) to consider the additional evidence and provide a reasonable opportunity to the Assessee for a fresh examination.

Issue 3: Non-adjudication on the admissibility of additional evidence
The Assessee sought permission to produce additional evidence during the appellate proceedings under Rule 46A. However, the Ld. CIT (A) did not record any finding on the submission of additional evidence. The Tribunal recognized the importance of the additional evidence for the case and deemed it necessary for deciding the matter. Consequently, the Tribunal admitted the additional evidence and remanded the case to the Ld. CIT (A) for a fresh examination, emphasizing the Assessee's right to raise contentions on merits before the Ld. CIT (A) for consideration and decision in accordance with the law.

In conclusion, the Tribunal allowed the Assessee's appeal for statistical purposes, emphasizing the importance of providing the Assessee with a fair opportunity to present evidence and substantiate its exemption claim under section 10(23C)(iiiad) of the Income Tax Act, 1961.