Anand Duplex Ltd., Meerut V. JCIT, Meerut

ITA 1334/DEL/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6545 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 19-12-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 09-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : A : NEW DELHI BEFORE SHRI R.S. SYAL, AM & SHRI K.N. CHARY, JM ITA NO.1334/DEL/2015 ASSESSMENT YEAR : 2010-11 ANAND DUPLEX LTD., A-58, SAKET, MEERUT. PAN: AABCA4927A VS. JCIT, RANGE-1, MEERUT. ASSESSEE BY : SHRI RAJA KUMAR, ADVOCATE DEPTT. BY : SHRI S.K. JAIN, DR DATE OF HEARING : 19.12.2016 DATE OF PRONOUNCEMENT : 19.12.2016 ORDER PER R.S. SYAL, AM: THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 09.01.2015 IN RELATION TO THE ASSE SSMENT YEAR 2010-11. ITA NO.1334/DEL/2015 2 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE CONFIRMATION OF AN ADDITION ON ACCOUNT OF NON-RECON CILIATION OF SUNDRY CREDITOR. 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT T HE AO MADE, INTER ALIA, AN ADDITION OF RS.3,84,781/- ON ACCOUNT OF NON- RECONCILIATION OF SUNDRY CREDITOR, NAMELY, M/S NUTE CH PACKING. THE ASSESSEE FURNISHED EXPLANATION AND RECONCILIATI ON BEFORE THE LD. CIT(A). THE SAME WAS REFUSED TO BE ACCEPTE D BY THE LD. CIT(A) AS ADDITIONAL EVIDENCE AS THE SAME, IN H IS VIEW, WAS NOT COVERED UNDER ANY OF THE EXCEPTION CLAUSES OF R ULE 46A OF THE INCOME-TAX RULES, 1962. THE ASSESSEE IS AGGRIE VED AGAINST CONFIRMATION OF THE ADDITION. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD, WE FIND THAT THE ASSES SEE DID NOT HAVE RECONCILIATION OF THE ACCOUNT OF M/S NUTECH PA CKING AT THE TIME OF ASSESSMENT, WHICH WAS MADE AVAILABLE BE FORE THE LD. CIT(A), WHO REFUSED TO ACCEPT THE SAME. WITHOU T GOING ITA NO.1334/DEL/2015 3 INTO THE MERITS OF THE SAME, WE SET ASIDE THE IMPUG NED ORDER ON THIS SCORE AND REMIT THE MATTER TO THE FILE OF THE AO FOR DECIDING THIS ISSUE AFRESH AS PER LAW IN THE LIGHT OF THE ADDITIONAL EVIDENCE WHICH THE ASSESSEE IS SEEKING T O FILE. NEEDLESS TO SAY, THE ASSESSEE WILL BE ALLOWED AN OP PORTUNITY OF HEARING IN SUCH FRESH PROCEEDINGS AND IT WILL ALSO BE ENTITLED TO GIVE ANY OTHER FRESH EVIDENCE IN SUPPORT OF THE CLA IM. 5. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 19.12.2016. SD/- SD/- [K.N. CHARY] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 19 TH DECEMBER, 2016. DK ITA NO.1334/DEL/2015 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.