2015 (4) TMI 83 - AT - Income Tax

Deletion of additions made by the assessing Officer being unexplained cash, undisclosed income and undisclosed investment - Violation Rule 46A of the Income-tax Rules - Held that - Rule 46A(1) stipulates the grounds on which the appellate authority can allow additional evidence. Sub rule (2) provides that the appellate authority while admitting such evidence must record its reasons in writing. Sub rule (3) provides that no evidence produced under sub rule(1) shall be taken into account unless the Assessing Officer has been given a reasonable opportunity of examining the evidence or documents produced or permitted to cross examine the witnesses examined or permitted to produce any evidence or document in rebuttal to the additional evidence produced by the appellant. One of the conditions laid down in Rule 46A is that the Assessee is entitled to submit additional evidence if proper opportunity is not given by the Assessing Officer, during the course of assessment proceedings, but in that case CIT(A) is bound to record reasons in writing for admission of such additional evidence. In the present case such exercise has not been done by CIT(A)- Matter remanded back - Decided in favour of Revenue.

Summary

Issues:
1. Appeal filed by Revenue against CIT(A) order for AY 2007-08.
2. Addition of unexplained cash, undisclosed income, and undisclosed investment.
3. Entertaining additional evidence without giving AO opportunity.
4. Compliance with Rule 46A of Income Tax Rules.

Analysis:
1. The appeal was filed by the Revenue against the CIT(A) order for the assessment year 2007-08. The Assessee, an individual, had initially declared income under the head "salary" for the year. The assessment was framed under Section 143(3), resulting in a revised total income of &8377; 61,07,350. Dissatisfied with this, the Assessee approached the CIT(A), who granted partial relief. Subsequently, the Revenue filed an appeal challenging the CIT(A) order.

2. The grounds raised by the Revenue primarily focused on the additions made by the Assessing Officer, totaling &8377; 55,07,700, related to unexplained cash, undisclosed income, and undisclosed investment. The Revenue contended that the CIT(A) erred in law and fact in deleting these additions. Additionally, the Revenue argued that the CIT(A) entertained additional evidence without providing the Assessing Officer an opportunity to examine it, allegedly violating Rule 46A of the Income Tax Rules.

3. During the proceedings, the learned D.R. representing the Revenue highlighted that the Assessee submitted various documents before the CIT(A), which were not presented before the Assessing Officer during the assessment proceedings. It was argued that the CIT(A) considered this additional evidence without allowing the Assessing Officer to examine it or provide any comments. The learned D.R. emphasized that Rule 46A mandates the proper procedure for admitting additional evidence, including giving the Assessing Officer a chance to review it.

4. The Tribunal, after hearing both sides, observed that the CIT(A) failed to adhere to the requirements of Rule 46A. The Tribunal noted that the CIT(A) did not record reasons for admitting the additional evidence or provide a speaking order on its nature and contents. Consequently, the Tribunal decided to remand the matter back to the CIT(A) for proper compliance with Rule 46A. The Tribunal directed the CIT(A) to follow the prescribed procedure, re-adjudicate the matter on merits, and ensure a fair hearing for both parties.

In conclusion, the Tribunal allowed the Revenue's appeal for statistical purposes, emphasizing the importance of procedural compliance and fair opportunity for all parties involved in income tax proceedings.