Altius Equipments , Bangalore V. Income Tax Officer Ward-7(2)(4), Bangalore

ITA 2553/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3332 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 03-02-2020
• Assessment Year: 2015-2016
• Appeal Filed On: 10-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH
• Keywords: Opportunity of being heard; Additional evidence
• Section: 64

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER I.T.A. NO. 2553/BANG/2018 (ASSESSMENT YEAR: 2015 16) M/S. ALTIUS EQUIPMENTS, NO. 282, M. K. P. ROAD, PADMANABHNAGAR, BANGALORE - 560070 PAN : AAWFA5055F .. APPELLANT. VS. ITO, WARD 7 (2) (4), BANGALORE .. RESPONDENT. ASSESSEE BY : SHRI B. S. BALACHANDRAN, ADVOCATE REVENUE BY : SHRI MANJEET SINGH, ADDL. CIT DR DATE OF HEARING : 03.02.2020. DATE OF PRONOUNCEMENT : 20.02.2020. O R D E R PER A. K. GARODIA, A.M. : THIS APPEAL IS FILED BY THE ASSESSEE AND IT IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) 7, BANGALORE DT. 13.07.2018. 2. ALTHOUGH THE ASSESSEE HAS RAISED AS MANY AS SEVEN GROUNDS BUT THE GRIEVANCE IS ONLY ONE ABOUT ADDITION MADE BY THE AO OF RS. 64 LACS ON THIS BASIS THAT THE ASSESSEE COULD NOT ESTABLISH GENUINENESS AND CREDITWORTHINESS OF A CREDITOR OF THIS AMOUNT. 3. IN COURSE OF HEARING, LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE ADDITION WAS MADE BY THE AO ON THIS BASIS THAT NECESSARY CONFIRMATION OF THE CONCERNED CREDITOR WAS NOT FILED BEFORE HIM. HE SUBMITTED THAT THE CONFIRMATION WAS FILED BY THE ASSESSEE BEFORE CIT (A) AS AN ADDITIONAL EVIDENCE BUT IT WAS NOT ADMITTED BY CIT (A). HE SUBMITTED THAT IN THE INTEREST OF JUSTICE, THE SAME SHOULD BE ADMITTED AND THE MATTER MAY BE REMANDED TO CIT (A) FOR A FRESH DECISION AFTER CONSIDERING THE ADDITIONAL EVIDENCE AND AFTER PROVIDING REASONABLE OPPORTUNITY OF BEING HEARD TO THE 2 ITA NO. 2553 /BANG/2018 ASSESSEE. LEARNED DR OF THE REVENUE SUPPORTED THE ORDERS OF THE LOWER AUTHORITIES. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND FORCE IN THE SUBMISSIONS OF THE LEARNED AR OF THE ASSESSEE AND IN THE INTEREST OF JUSTICE, WE ADMIT THAT THE ADDITIONAL EVIDENCE AND REMAND THE MATTER TO CIT (A) FOR A FRESH DECISION AFTER CONSIDERING THE ADDITIONAL EVIDENCE AND AFTER PROVIDING REASONABLE OPPORTUNITY OF BEING HEARD TO BOTH SIDES. IN VIEW OF THIS DECISION, NO ADJUDICATION ON MERIT IS CALLED FOR AT THE PRESENT STAGE AND WE MAKE NO COMMENT ON MERIT. 5. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (N. V. VASUDEVAN) (ARUN KUMAR GARODIA) VICE PRESIDENT ACCOUNTANT MEMBER BANGALORE, DATED, THE FEBRUARY, 2020. /MS/ COPY TO: 1. APPELLANT 4. CIT (A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNA L, BANGALORE.