9911796707
TMI Blog2015 (6) TMI 1261X X X X Extracts X X X X X X X X Extracts X X X X ..... rt setting aside the order of the Tribunal and remitting back the matter to the file of the Assessing Officer, it is a bounden duty of the Assessing Officer to consider all the additional evidence filed by the assessee and thereafter decide the matter in accordance with law. Unfortunately, inspite of direction of the High Court, the Assessing Officer has not referred any of the additional evidence filed by the assessee in the impugned assessment order. As rightly submitted by assessee and the Ld. Sr. Special Public Prosecutor for the Department, AO has not considered the additional evidence filed by the assessee. Therefore, there is a clear violation of the direction issued by the High Court. This Tribunal is of the considered opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 5,40,07,340/- determined by the Assessing Officer. Both, the assessee and the Department filed appeals before the High Court in Tax Case (Appeal) Nos.686 of 2005 and 2 of 2009. Referring to the judgment of the High Court, the Ld.counsel submitted that the High Court found that the Tribunal ought not have gone into the additional evidence, rather should have remitted the matter back to the file of the Assessing Officer. In fact, according to the Ld. counsel, the Tribunal reduced the assessed income at ₹ 65,52,405/- by placing reliance on the additional material filed before this Tribunal. The Ld.counsel further submitted that the High Court, in fact, set aside the order of the Tribunal and remitted the matter back to the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , silver articles from the premises of the assessee during the course of search operation. According to the Ld. counsel, the assessee s wife could not wear the jewels during the marriage occasion of her daughter. Even though the search took place on 17.07.1996, the proceedings could not be completed even now and the Department is not prepared to release the jewels seized from the assessee. The Ld.counsel further submitted that a direction may be issued to the Department to return the jewels seized from the premises of the assessee. 5. On the contrary, Shri K. Ramasamy, the Ld. Sr. Special Public Prosecutor for the Department, submitted that in fact, the assessee had filed several additional material before this Tribunal in the first roun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee before the Tribunal reducing the income to ₹ 65,52,405/-. Ultimately, the High Court came to a conclusion that the Tribunal ought not to have gone into the additional evidence and rather should have remitted the matter to the file of the Assessing Officer. Accordingly, the High Court set aside the order of the Tribunal and remitted the matter back to the file of the Assessing Officer to consider the documents filed by the assessee as additional evidence before this Tribunal and pass a fresh order. In fact, the High Court has observed as follows at paras 17 and 18 of its judgment:- 17. By placing reliance solely on the documents filed as additional evidence, the Tribunal had confirmed the assessment order to the tune of & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt. This Tribunal is of the considered opinion that when the High Court directed the Assessing Officer to consider the additional evidence, the Assessing Officer has no other option except to consider the additional evidence filed by the assessee and discuss the same in the assessment order by making a reference in respect of each and every additional evidence filed by the assessee and thereafter the Assessing Officer has to pass a speaking order. At any stretch of imagination, the Assessing Officer is not expected to ignore the directions of the High Court and omit to consider the additional evidence filed by the assessee. Since the direction of the High Court was not complied with and the Assessing Officer failed to consider the addition ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
