1 ITA 168-11 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH SMC JODHPUR. ( BEFORE SHRI R.K. GUPTA, JUDICIAL MEMBER ) ITA NO. 168/JODH/2011 ASSTT. YEAR : 2007-08. M/S. VAN DALEN HEALTHCARE PVT. LTD., VS. THE INCO ME-TAX OFFICER, 138, SUMER NAGAR, NEW SANGANER ROAD, WARD-3, JAIPUR. SRI GANGANAGAR. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SURESH OJHA RESPONDENT BY : SHRI G.R. KOKANI DATE OF HEARING : 07.12.2011. DATE OF PRONOUNCEMENT : 09.12.2011. ORDER DATED : 09.12.2011. THIS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 2007-08. 2. VARIOUS GROUNDS OF APPEAL HAVE BEEN TAKEN BY THE ASSESSEE. AN APPLICATION FOR ADMITTING THE ADDITIONAL EVIDENCES HAS BEEN FILED B Y THE ASSESSEE ALONG WITH VARIOUS ADDITIONAL EVIDENCES AND AFFIDAVIT OF THE ASSESSEE. 3. THE LD. D/R HAS STATED THAT ALL THESE EVIDENCES WERE NOT FILED BEFORE THE ASSESSING OFFICER AND IF THEY ARE ADMITTED, THEN MATTER SHOUL D BE SENT BACK TO THE FILE OF ASSESSING OFFICER. 4. THE LD. COUNSEL OF THE ASSESSEE FAIRLY CONSENTED THE ARGUMENT OF LD. D/R. 5. IN VIEW OF THE ABOVE FACTS AND CIRCUMSTANCES, I RESTORE THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER TO EXAMINE THE ISSUE AFRESH AFTE R TAKING INTO CONSIDERATION THE VARIOUS 2 EVIDENCES FILED HERE BEFORE THE TRIBUNAL AS ALL THE SE EVIDENCES GO TO THE ROOT OF THE CASE. I ORDER ACCORDINGLY. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 7. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 09. 12.2011. SD/- ( R.K. GUPTA ) JUDICIAL MEMBER JODHPUR, COPY FORWARDED TO :- M/S. VAN DALEN HEALTHCARE PVT. LTD., JAIPUR. THE ITO WARD-3, SRI GANGANAGAR. THE CIT (A) THE CIT BY ORDER, THE D/R GUARD FILE (ITA NO. 168/JODH/2011) AR ITAT JODH PUR