9911796707
TMI Blog2014 (10) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... eard and decided together. We therefore proceed to dispose of both the appeals by way of a consolidated order for the sake of convenience and proceed by referring to the facts for A.Y. 08-09. ITANo3103/A/11 & ITA No. 359/A/13. A.Ys. 2008-09 & 2009-1023.The facts as culled out from the material on record are as under. 4.Assessee is a company stated to be engaged in the business of Filter aid and Perlite Products, Cotton and Synthetic Cloth and Leasing. Assessee filed its return of income of A.Y. 08-09 on 27-09-2008 declaring total income of Rs. 1,68,84,250/-. The case was selected for scrutiny and thereafter the assessment was framed u/s 143(3) vide order dated 21.12.2010 and the total income was determined at Rs. 3,03,99,684/-. Aggrieved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.2 Thus, the Id. CIT(A) was completely in error on facts and in law in not appreciating the submissions made before him in this regard positively and thus, failed to held in favour of the appellant by deleting the impugned addition made in the assessment order. 5.At the outset before us, Ld A.R. filed an application for admission of additional evidence in the form of note on duties of consultant and plant superintendent, copy of consultancy agreement. He further submitted that the additional evidence was important and decisive evidence in determining the controversy. He also placed on record the decision of Delhi High Court Guy Carpenter and Co. Ltd. (2012) 346 ITR 504 (Del), CIT vs. De-beers India Minerals Pvt. Ltd. (2012) 346 ITR 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidered by the lower authorities, we are of the view that in the interest of justice and fair play, the issues raised in the appeal needs to be considered afresh in the light of additional evidence submitted by the Assessee and the other decisions on which it would like to rely upon. We therefore remit the issue to the file of A.O to decide the issue afresh after considering the submissions of the Assessee, the decisions relied upon by Assessee and in accordance with law. Needless to state that A.O shall grant adequate opportunity of hearing to the Assessee and Assessee shall also co-operate by furnishing promptly the details called for by the A.O. Further since both the parties have admitted that the issue for A.Y. 09-10 is similar to tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
