2020 (12) TMI 853

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..... aside of the matter to the file of the ld. AO for denovo adjudication. Accordingly, in the interest of justice and fair play, we deem it fit and appropriate to remand this issue to the file of the ld. AO for denovo adjudication and decide the matter in accordance with law. Accordingly, the grounds raised by the revenue are allowed for statistical purposes.
M. Balaganesh, Member (A) and Amarjit Singh, Member (J) For the Appellant : Rajendra Joshi For the Respondents : Neha Paranjpe ORDER M. Balaganesh, Member (A) This appeal in ITA No. 4309/Mum/2017 for A.Y. 2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-2, Aurangabad in appeal No. THN/CIT(A)-2/511/2015-16 dated 27/03/2017 (ld. CIT(A) in short) again .....

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..... the ld. AO as erroneous and prejudicial to the interest of the revenue. Consequent to the same, the ld. AO passed an order u/s. 143(3) r.w.s. 263 of the Act on 30/03/2015 determining total income of the assessee at ₹ 4,42,22,100/- after making addition of ₹ 4,26,02,221/- on account of difference in turnover. We find that assessee is engaged in the business of trading in paper and paper products. The ld. AO observed that assessee has reported turnover in his profit and loss account to the tune of ₹ 106.61 Crores as against the reportable turnover in the opinion of the ld. AO at ₹ 110.87 Crores. The assessee explained before the ld. AO that he followed exclusive method of accounting wherein VAT amounts are excluded fro .....

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..... IT(A) for the first time, the ld. CIT(A) concluded that there was no suppression of turnover and granted relief to the assessee. We find that the aforesaid factual details containing input VAT available for set off with output VAT were admittedly not filed before the ld. AO and were filed before the ld. CIT(A) for the first time and the ld. CIT(A) had not sought any remand report from the ld. AO in this regard. Hence, we find that the only grievance of the revenue before us seems to be violation of Rule 46A of the IT rules committed by the ld. CIT(A). When this was put to both the parties before us, both the parties agreed for set aside of the matter to the file of the ld. AO for denovo adjudication. Accordingly, in the interest of justice .....

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