LM Wind Power Blades (India) Pvt. Ltd., Bangalore V. ACIT, Bangalore

ITA 1091/BANG/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60805 (ITAT-BANGALORE)
• Duration Of Justice: 8 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 19-06-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 16-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: FARHAT HUSSAIN QURESHI
• Assessee Lawyers: AMIT SIRYANIA
• Keywords: Transfer pricing; International transaction; Additional evidence
• Section: 69; 12; 32

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B BEFORE SHRI GEORGE GEORGE K, JUDICIAL MEMBER AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER I.T.A. NO.1091/BANG/2011 (ASSESSMENT YEAR : 2007-08) M/S. LM WIND POWER BLADES (INDIA) PVT. LTD., PLOT NO.85, KIADB INDUSTRIAL AREA, PHASE II, THIMMANAYAKANA HALLI, DABASPET, NELAMANGALA TALUK, BANGALORE (RURAL DISTRICT)-562111 . APPELLANT. PAN AACCL 3093R VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 11(5), BANGALORE. .. RESPONDENT. APPELLANT BY : S/SHRI AMIT SIRYANIA & ANKUR GOEL. RESPONDENT BY : SHRI FARHAT HUSSAIN QURESHI. DATE OF HEARING : 16.7.2012. DATE OF PRONOUNCEMENT : 20.07.2012. O R D E R PER SHRI JASON P. BOAZ : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINS T THE DIRECTIONS OF THE DISPUTE RESOLUTION PANEL, BANGALORE (HEREAFTER REFERRED TO AS DRP) DT.21.9.20 11 PASSED UNDER SECTION 144C THE INCOME TAX ACT, 1961 (HEREIN AFTER REFERRED TO AS 'THE ACT ') FOR ASSESSMENT YEAR 2007-08. 2. THE FACTS OF THE CASE, IN BRIEF, ARE AS UNDE R : 2.1 THE ASSESSEE COMPANY (HEREIN AFTER REFERRED TO AS ASSESSEE) FILED ITS RETURN OF INCOME FOR ASSESSMENT YEAR 2007-08 ON 14.11.2007 DECLARING INCOME OF RS.41,44,70,704. THE RETURN WAS PROCESSED U/S.143(1) AND THE CASE WAS TAKEN UP FOR SCRUTINY BY ISSUE OF NOTICE U/S.143(2) ON 10.9.2008. THE ASSESSING OFFICER, WITH THE PRIOR APPROVAL OF THE CIT, BANGALORE-I, REFERRED THE INTERNATIONAL TRANSACTIONS ENTERED INTO BY THE ASSE SSEE IN THE RELEVANT PERIOD TO THE CONCERNED 2 ITA NO.1091/BANG/11 TRANSFER PRICING OFFICER (TPO) FOR DETERMINATION OF THE ARMS LENGTH PRICE (ALP) UNDER SECTION92CA OF THE ACT. THE TPO AFTER CONDUCTING T HE TRANSFER PRICING AUDIT THEREON, PASSED AN ORDER UNDER SECTION 92CA ON 5.4.2010 DETERMINING TH E ADJUSTMENT ON ACCOUNT OF PAYMENTS OF MANAGEMENT FEES, SELLING COMMISSION AND REIMBURSEME NT OF EXPENSES RECEIVED AT RS.18,61,71,305. THEREAFTER, THE ASSESSING OFFICER PASSED A DRAFT ASSESSMENT ORDER ON 22.12.2010 INTER ALIA INCORPORATING THE TRANSFER PR ICING ADJUSTMENT PROPOSED BY THE TPO. 2.2 THE ASSESSEE FILED ITS OBJECTIONS TO THE DR AFT ASSESSMENT ORDER BEFORE THE DRP, BANGALORE ON 28.1.2011. THE DRP BY ITS DIRECTION ISSUED UNDE R SECTION 144C(5) OF THE ACT DT.21.9.2011 SUSTAINED ALL THE ADDITIONS AND DISALLOWANCES MADE BY THE ASSESSING OFFICER IN THE DRAFT ASSESSMENT ORDER. CONSEQUENT THERETO THE ASSESSING OFFICER HAS PASSED THE FINAL ORDER OF ASSESSMENT UNDER SECTION143(3) OF THE ACT ON 29.9.2 011 WHEREIN THE TAXABLE INCOME OF THE ASSESSEE HAS BEEN DETERMINED AT RS.67,82,69,690 WHE REBY VARIOUS ADDITIONS/ DISALLOWANCES AMOUNTING TO RS.26,35,72,521 BEING MADE UNDER SEVEN HEADS. 3.0 THE ASSESSEE IS NOW IN APPEAL BEFORE THIS T RIBUNAL AGAINST THE ORDER OF THE ASSESSING OFFICER DT.29.9.2011. IN THE GROUNDS OF APPEAL RAIS ED, IT HAS BEEN SUBMITTED AS UNDER : TRA N S F ER PRICIN G R E LAT E D 1. T H A T TH E O RD E R OF TH E L EA R NE D ASS I S T A NT CO MMI SS I O N E R O F IN C OM E T AX, C IR C L E 11( 5 ) , BA N GA L ORE ( 'ASSESS IN G O F FI CER' O R ' A O ' ) T O TH E EX T E NT PR E JUDI C I A L T O T H E A PP E L L A NT , I S B A D IN L AW A ND L I A B L E T O B E QU AS H E D . 2. TH A T TH E L EAR N E D A O A ND TH E L EAR N E D D IS PUT E R ESO LUTI ON P A N E L ( , P A N EL ' ) ERRED IN U PH O LD ING TH E A PPR OAC H OF TH E L EA RN ED A S S I S T A NT DIR EC T O R OF IN CO M E T AX (TR A N SFE R P R I C IN G - I V), B A N GA L O R E ( ' TPO') OF RE J EC TI NG TH E ECO N O M I C A N A L YS I S O F TH E A PP E LL A NT IN TH E TRA N SFER PRIC I NG (TP) D OC UM E NT A TI O N , P RE P ARE D B O N AF ID E IN CO MPLI A N CE W IT H TH E TR A N S F E R P RI C I NG PROV I S I O N S IN T H E IN CO M E T AX AC T , 1 9 61 (T HE ' AC T ') 3. T H A T TH E L EA RN E D A O A ND TH E L EA RN E D P A N E L ER R E D IN D I SREGA RDIN G TH E CONDIT I ONS PRESCR I BED UN DER SEC TI O N 9 2C ( 3 ) O F TH E AC T FOR D E T E RMINI N G TH E A RM 'S LEN G TH PR I CE IN RE L A TI O N T O THE 3 ITA NO.1091/BANG/11 INT E RN A TI O N A L TR A N SAC TI O N S O F PAY M E NT O F M A N AGE M E NT F EES, SA L ES CO MMI SS I O N AND RE IMB U R SE M EN T OF EX P E N SES RECE I VE D . 4. T H A T TH E L EA RN E D A O A ND TH E L EA RN E D P A N E L E RR E D B O TH IN FAC T S A ND L AW I N CO NF I RM I N G T HE AC TI O N OF TH E L EAR N E D T PO OF M A KIN G A N A DJU S TM E NT TO TH E T R A N SFE R PRI CE OF TH E AP P E LL A N T IN R ES P EC T OF I T S PAY M E NT OF M A N AGEMEN T F EES B Y R S . 3 9 ,83 8 ,7 94 A ND PAY M E NT OF SA L ES CO MMI SS I O N BY R S. 1 4,0455, 1 53 H O LDI NG T H A T T H ESE INT ER N A T IO N A L TR A N SAC T IO N S DO N O T SA T IS F Y TH E AR M 'S L E N G TH P RI N C IPL E E N V I SAGE D UND ER TH E AC T A ND IN DOING SO GROSS L Y ERRED I N: 4.1 . U PH O LDIN G TH E A P P L ICA T ION OF CO MP A R A BL E UNCO NT RO L L E D PRI CE ( 'CUP ' ) MET H OD AS TH E M OS T A PP RO PRI A T E M E TH O D AS AGAI N S T A PP L I CA TION O F T RA N SAC TI O N A L NE T MARG IN CTNM ' ) ME TH OD BY TH E APPE LL A NT IN TH E TRA N SFER P R I C IN G DOC UM E NT A TI O N . 4 .2. U PH O LDIN G TH E CO N C LU SIO N O F TH E L EA RN E D TPO T H A T N O CO MM E R C I A L OR ECO N O MI C B E N EF IT S H AVE BEE N RECE I VE D B Y T H E A PP E LL A N T O N P AY M E NT OF M A N AGE M E NT F EES A ND SA L ES CO M MISSIO N T O TH E ASSOC I A T E D E NT E RPR I SE . 4. 3 . U P HO LDIN G TH E A PP ROAC H O F TH E L EA RN E D TPO O F QU ES TI ON IN G TH E N ECESS I TY OF M AKING PAY M E NT O F M A N AGE M E NT FEES AN D SA L ES CO MMI SS I O N T O T HE ASSOC I A T ED E NT E R PR I SE W I TH O UT A PPR EC I A T I N G TH E B US IN ESS EXIGE N C I ES B E HIND S U C H P AY M E NT . 4 - 4 . U PH O L DIN G TH E CO N C LU S I O N OF TH E L EAR N E D TPO T H A T TH E A RM ' S LE N G TH PR I CE OF P AY M E NT OF M A N AGE M E NT F EES A ND SA L ES C O M MI SS I O N AS N IL , TH E R E IN COMP L E T E L Y IG N ORE D T H E EV ID E N CES P ROV ID ED BY T H E A PP E L L A NT IN R ES P EC T O F SE R V I CES/ B E N E FIT R ECE I VED AGA IN S T S U C H P AY M E NT . 5. T H A T TH E L EAR N E D A O A ND TH E L EARNE D P A N E L E RR E D B O TH IN FA C T S AN D L AW IN CO NF IR MIN G TH E AC TI O N OF T H E L EA RN E D TPO OF D E T E RM I NIN G TH E A R M 'S L E N G TH PRI CE OF R ECE IPT OF R E IMBUR SE M E NT O F EX P E N SES B Y TH E A P PE LL A N T T O B E R S . 1 ,377,3 58 . OTHER THAN TRANSFER PRICING RELATED 6. THE L EAR N E D A O A ND TH E L EAR N ED P A N E L H AS ERRED I N DI SA LL OW IN G IN VE NT O R Y W RITT EN OFF A M O UNTI N G TO RS 7 6 , 9 2 5 ,7 94 AS A N UN E XPL A IN E D EXPEN D I TUR E UND E R SEC TION 69 C O F TH E AC T 7 . (A) TH A T TH E L EA RN E D A O A ND TH E L EA RN E D P A N E L E R RED IN DI SA L L OW IN G EX P E N SES I N C UR RE D O N P UR C H ASE O F CO MPUT E R SOF T WA R E A ND LI CE N SE FEES A M O UNTIN G T O RS 2 , 4 3 2 , 6 7 8 AS CA PI T A L EX P E NDITUR E ( B) WITHOUT PRE J UD I CE T O T H E A B OVE, TH E L EA R N E D A O A ND L EA R N E D P A N E L E RR E D I N NOT A LL O WIN G DE PR EC I A T I O N A T 60 % UND E R SEC T I O N 32 OF T H E A C T O N TH E S A I D CAP IT A L E X P E N D ITU R E. 8. TH E L EA R N E D A O A ND T H E L EA RN E D P A N E L E RR E D I N D I SA LL OW IN G E XP E ND IT UR E O N T EC HN I CA L ASS I S T A N CE A ND TR A ININ G FEES A M O UNTIN G T O R S 1 ,33 1 ,03 2 AS CA PIT A L EX P E NDITU RE . 9. THE L EAR N ED A O AND T HE LEAR N ED P A N E L E R RED I N DISA LL OW IN G EX P E NDITUR E IN C URR E D DUR IN G CO N S T R U C TI O N P E RIOD A M O UNT ING T O R S 1 , 211 , 7 1 2 AS CA PIT A L EX P E NDIT U R E . 10. CONSEQ U E NTL Y , TH E L EA R NED A O E RR ED IN C H A R G I N G INT E R ES T UND ER SEC T I O N 2 3 4B O F TH E AC T. 1 1 . CO N SE Q UE NTL Y , TH E L EA RN ED A O E RR E D IN C H A R G IN G IN TERES T UND E R SEC TI O N 2 3 4D OF TH E AC T . THAT T H E A P PE LL A NT C R AVES L EAVE T O A D D T O A ND /O R T O A LT ER, A M E ND , RESC IND , M O D I F Y TH E G R OU ND S H E R E IN ABOVE OR PROD U CE F URTH ER DOC UM EN T S BEFO R E O R A T TH E TI ME OF H EA RIN G OF THI S A PP EA L . 4 ITA NO.1091/BANG/11 4.1 AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE POINTED OUT THAT THE ASSESSEE HAD MADE AN APPLICATION UNDER RULE 29 OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES, 1963, FOR ADMISSION OF ADDITIONAL EVIDENCE ON 24.5.2012. FOR THE SAKE OF CLARITY, THE ENTIRE SUBMISSION MADE THEREIN ARE EXTRACTED HEREUNDER : IN THE CAPTIONED APPEAL, M/S. LM WIND POWER BLADE S (INDIA) PVT. LTD. (THE APPELLANT COMPANY) HAS CHALLENGED ADDITION AMOUNTI NG TO RS. 26,35,72,521 MADE TO THE TOTAL INCOME OF THE APPELLANT COMPANY. THE SAID ADDITION AMOUNTING TO RS. 26,35,72,521 HAS BEEN MADE UNDER SEVEN DIFFERENT HE ADS. TO SUBSTANTIATE ITS CASE THE APPELLANT COMPANY HAS ALREADY FILED PAPER BOOKS COMPRISING OF 734 PAGES. IT IS MOST HUMBLY SUBMITTED THAT THE DESCRIPTION OF SOME OF THE ADDITIONS MADE TO THE TOTAL INCOME OF THE APPELLANT COMPANY IS AS FOL LOWS : - ADDITION AMOUNTING TO RS. 13,77,385 AS PROFIT MAKE UP ON THE COST REIMBURSEMENT RECEIVED BY THE APPELLANT COMPANY FROM ITS ASSOCIAT ED ENTERPRISE. THE MAIN REASONED ADDUCED BY THE LEARNED ASSESSING OFFICER ( LD. AO) FOR MAKING THIS ADDITION IS THAT THE APPELLANT COMPANY HAS NOT EXPLAINED THE NATURE OF REIMBURSEMENTS. - DISALLOWANCE OF EXPENDITURE AMOUNTING TO RS. 3,98,3 8,794 / - INCURRED BY THE APPELLANT COMPANY ON PAYMENT OF MANAGEMENT FEE TO ITS ASSOCIA TED ENTERPRISE. THE MAIN REASONS ADDUCED BY THE LD. AO FOR MAKING THIS DISALLOWANCE IS THAT THE APPELLANT COMPANY HAS NOT RECEIVED ANY SERVICE FROM ITS ASSOCIATED ENTERP RISE ; - DISALLOWANCE OF EXPENDITURE AMOUNTING TO RS. 14,04, 55 , 153 / - INCURRED BY THE APPELLANT COMPANY ON PAYMENT OF SALES COMMISSION TO ITS ASSOC IATED ENTERPRISE. THE MAIN REASON ADDUCED BY THE LD. AO FOR MAKING THIS DISALLOWANCE IS THAT THE APPELLANT COMPANY HAS NOT RECEIVED ANY SERVICE FROM ITS ASSOCIATED ENTERP RISE. THAT FOLLOWING ARE THE ADDITIONAL EVIDENCES PRODUCE D BEFORE YOUR HONOURS (COMPLIED AS A PAPER BOOK CONTAINING 742 PAGES). THE SAID ADD ITIONAL EVIDENCE ARE RELEVANT FOR THE ADJUDICATION OF THE ISSUES RAISED IN THE CAPTIONED MATTER: - DOCUMENTARY EVIDENCE DESCRIBING THE NATURE OF VARIO US REIMBURSEMENTS RECEIVED BY THE APPELLANT COMPANY FROM ITS ASSOCIATED ENTERPRISE, A TTACHED HEREWITH AT PAGE NO.1 TO 11 OF THE PAPER BOOK. THESE DOCUMENTS EXPLAIN THE NATU RE OF REIMBURSEMENTS RECEIVED BY THE APPELLANT COMPANY; - - DOCUMENTARY EVIDENCE AS PROOF FOR ACTUAL RENDITION OF SERVICES ON ISSUES RELATED TO HEALTH , SAFETY AND ENVIRONMENT , ATTACHED HEREWITH AT PAGE NO.12 TO 42 OF THE PAPER BOOK. 5 ITA NO.1091/BANG/11 THESE DOCUMENTS SUBSTANTIATE THAT THE APPELLANT COM PANY HAS ACTUALLY RECEIVED SERVICES FROM ITS ASSOCIATED ENTERPRISE FOR WHICH MANAGEMENT FEE HAS BEEN PAID. FURTHER, THESE DOCUMENTS ALSO SUBSTANTIATE THAT THE SERVICES RECEI VED BY THE APPELLANT COMPANY FROM ITS ASSOCIATED ENTERPRISE ARE SUBSTANTIAL IN NATURE ; - DOCUMENTARY EVIDENCE AS P R OOF F O R VARIOUS IT RE L ATED COSTS INCURRED BY THE ASSOCIATED ENTERPRISE , ATTACHED HEREWITH AT PAGE NO . 43 TO 46 OF THE PAPER BOOK. THESE DOCUMENTS SUBSTANTIATE THAT THE ASSOCIATED ENTERP RI SE OF THE APPELLANT COMPANY HAS INCURRED H U GE COST IN PROVIDING IT SUPPORT (MANAGEMENT SERVICES) TO THE APPELLANT COMPANY; - DO C U MENTARY EVIDENCE A ROOF . FO R ACTUAL RENDITION OF SERVICES ON ISSUES RELATED TO QUALITY CONTROL, ATTACHED HEREWITH AT PAGE NO . 47 TO 376 OF THE PAP E R BOOK. THESE DOCUMENTS SUBSTANTIATE THAT THE APPELLANT COMPANY H AS ACTUALLY RECEIVED SERVICES FROM ITS ASSOCIATED ENTERPRISE FOR WHICH MANAGEMENT FEE HAS BEEN PAID. FURTHER, THESE DOCUMENTS ALSO SUBSTANTIATE THAT THE SERVICES HAVE BEEN RECEIVED ALMOST ON A DAILY BASIS BY THE APPELLANT COMPANY FROM ITS ASSOCIATED ENTERP RISE ; - DOCUMENTARY EVIDENCE AS PROOF FOR ACTUAL RENDITION OF SERVICES ON ISSUES RELATED TO SALES AND MARKETING, ATTACHED HEREWITH AT PAGE NO.377 TO 742 OF THE PAPER BOOK . T HESE DOCUMENTS SUBSTANTIATE THAT THE APPELLANT COMPANY H AS ACTUA LL Y RECEIVED SERVICES FROM ITS ASSOCIATED ENTERPRISE FOR WHICH SALES COMMISSIO N HAS BEEN PAID. FURTHER, THESE DOCUMENTS ALSO SUBSTANTIATE THAT T H E SERVICES RECEIVED BY THE APPE L LANT COMPANY FROM ITS ASSOCIATED ENTERPRISE ARE VERY SIGNIFICANT . THAT BEFORE THE LD. AO , LD. TRANSFER PRICING OFFICER (' LD. T PO ') AND THE LD . DISPUTE RESOLUTION PANEL ('LD . D RP') , THE APPELLANT COMPANY HAD FILED SEVERAL DOCUMENTS T O SUBSTANTIATE THE ACTUAL RENDITION OF SERVICES FOR W HICH PAYMENT OF MANAGEMENT FEE AND SALES COMMISSION WAS MADE BY THE APPELLANT COMPANY TO ITS ASSOCIATED ENTERPRISE. HOWEVER , LD . AO/ LD . TPO / LD . DRP REGARDED THESE DOCUMENTS AS INSUFFICIENT . IN EFFECT THE APPELLANT COMPANY DID NOT GET SUFFICIENT OPPORTUNITY TO PRODU CE THESE ADDITIONAL DOCUMENTS . RELIANCE IN THIS REGARD IS PLACED ON RULE 29 OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES , 1963 : THE PARTIES TO THE APPEAL S HALL NOT BE ENTITLED TO PRODUCE ADDITIONAL EVIDENC E EITHER ORAL OR DOCUMENTARY BEFORE THE TRIBUNAL, BUT IF THE TRIBUNAL REQUIR ES ANY DOCUMENTS TO BE PRODUCED OR ANY WITNESS TO BE E XAMINED OR ANY AFFIDAVIT TO BE FILED TO ENABLE IT TO PASS ORDERS OR {OR ANY OTHER SUBSTANTIAL CAUSE, OR , IF THE INCOM E -TAX AUTHORITIES HAVE DECIDED THE CASE WITHOUT GIVI NG SUFFICIENT OPPORTUNITY TO THE ASSESSEE TO ADDUCE EVIDENCE EITHER ON POINTS SPECIFIED BY THEM , OR NOT SPECIFIED BY THEM , THE TRIBUNAL, FOR REASON S TO B E RECORD E D , MAY ALLOW SUCH DOCUMENT TO BE PRODUCED OR WITNESS TO BE EXAMINED OR AFFIDAVIT TO BE FILED OR MAY ALLOW SUCH EVIDENCE TO BE ADDUCED . THAT THERE CANNOT BE ANY DOUBT ABOUT THE GENUINENES S OF THE SAID DOCUMENTS AS THEY FORM 6 ITA NO.1091/BANG/11 PART OF REGULAR RECORDS MAINTAINED BY THE APPELLANT . THAT THE ADMISSION OF THE ADDITIONAL EVIDENCE WILL CAUSE NO PREJUDICE TO THE DEPARTMENT , THE SAME SHALL ONLY ADVANCE THE CAUSE OF JUSTICE AND FA IR PLAY. THEREFORE , IT IS PRAYED THAT THE ADDITIONAL EVIDENCE MAY BE ADMITTED AND ADJUDICATED UPON. THE APPELLANT COMPANY RESERVES ITS RIGHT TO MAKE SU BMISSIONS AT THE TIME OF ADJUDICATION UPON THE ISSUE OF ADMISSION OF THE SAID DOCUMENTS A S ADDITIONAL EVIDENCE . 4.2 THE LEARNED COUNSEL FOR THE ASSESSEE WAS HE ARD IN DETAIL ON THE APPLICATION FOR ADMISSION OF ADDITIONAL EVIDENCE AND PAPER BOOK COMPRISING 73 4 PAGES ATTACHED THERETO. IT WAS PLEADED BY THE LEARNED COUNSEL FOR THE ASSESSEE THAT IN VIE W OF THE SUBMISSIONS MADE THEREIN THE ADDITIONAL EVIDENCE BE ADMITTED AS IT WOULD CAUSE N O PREJUDICE TO THE REVENUE. RATHER, ITS ADMISSION WOULD ONLY ADVANCE THE CAUSE OF JUSTICE A ND FAIR PLAY. THE LEARNED DEPARTMENTAL REPRESENTATIVE WHO WAS ALSO HEARD SUPPORTED THE ORD ERS OF THE AUTHORITIES BELOW, BUT HAD NO OBJECTION TO THE ADMISSION OF ADDITIONAL EVIDENCE P ROVIDED IT BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR EXAMINATION OF THE SAME. 4.3 WE HAVE HEARD BOTH PARTIES AND HAVE CAREFUL LY PERUSED AND CONSIDERED THE MATERIAL ON RECORD, THE SUBMISSION MADE AND THE APPLICATION FIL ED FOR ADMISSION OF ADDITIONAL EVIDENCE ON 24.5.2012 UNDER RULE 29 OF THE INCOME TAX (APPELLAT E TRIBUNAL) RULES, 1963. AFTER CAREFUL CONSIDERATION, WE ARE OF THE VIEW THAT IN THE SUBST ANTIAL INTEREST OF EQUITY AND JUSTICE, THE ADDITIONAL GROUNDS OF APPEAL FILED BY THE ASSESSEE (SUPRA), BE ADMITTED FOR ADJUDICATION. SINCE ALL THESE ISSUES IN RESPECT OF WHICH ADDITIONAL EVI DENCE IS FILED (SUPRA) WOULD REQUIRE THOROUGH EXAMINATION AND VERIFICATION OF DATA FILED AND LIKE LY TO BE CALLED FOR, WE ARE OF THE CONSIDERED VIEW THAT THE ADDITIONAL EVIDENCE AND CONNECTED ISS UES AS PER THE APPLICATION DT.21.5.2012 (FILED ON 24.5.2012) BE RESTORED BACK TO THE FILE O F THE ASSESSING OFFICER FOR DE NOVO CONSIDERATION AND FOR PASSING ORDER THEREON AFTER A FFORDING THE ASSESSEE ADEQUATE OPPORTUNITY 7 ITA NO.1091/BANG/11 OF BEING HEARD AND PRESENTING ITS CASE. THE ASSESS EE IS DIRECTED TO FILE ALL DETAILS IN THE MATTER INCLUDING THOSE CALLED FOR BY THE ASSESSING OFFICER /TPO ETC SO THAT THE MATTER CAN BE DISPOSED OFF EXPEDITIOUSLY. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, THE ASSESSEES APPEAL IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 20. 7.2012. SD/- SD/- (GEORGE GEORGE K) (JASON P BOAZ) JUDICIAL MEMBER ACCOUNTANT ME MBER BANGALORE, DATED: 20.07.2012. *REDDY GP COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, - B BENCH. 6. GUARD FILE. (TRUE COPY ) BY ORDER SR. PRIVATE SECRETARY, ITAT, BANGALORE .