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TMI Blog2011 (12) TMI 739X X X X Extracts X X X X X X X X Extracts X X X X ..... eal of the assessee is directed against the order of learned CIT(A) dated 8th April, 2011 for the assessment year 2007-08. 2. Ground No.1 of the assessee s appeal reads as under:- On the facts and circumstances of the case, the learned CIT(A) has erred :- 1. (a) in not admitting the additional evidence in the form of two lease agreements for the two buildings taken on lease by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ves income from the business of designing of software and consultancy. The assessee s clients are multinationals. During the accounting year relevant to the assessment year under consideration, assessee hired two properties on lease basis. The properties were very old and were not befitting for holding the office of the assessee. Therefore, extensive repairs were made. However, the expenditure inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be essential for arriving at a proper conclusion whether the expenditure is in the nature of capital field or revenue field. He, therefore, submitted that the additional evidence may be admitted. 4. The learned DR strongly opposed to the admission of the additional evidence and she stated that the Assessing Officer had allowed enough opportunity to the assessee and therefore, the CIT(A) righ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examine the issue afresh in the light of the lease deed. We, therefore, set aside the orders of the authorities below on this point and restore the matter back to the file of the Assessing Officer. We direct the assessee to produce the lease deed and any other explanation/evidences which he wants to produce before the Assessing Officer. Thereafter, the Assessing Officer is directed to readjudicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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