Dilip Jawaharwal Chandan, Chennai V. ACIT, Company Cir V(4), Chennai

ITA 289/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5225 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 06-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: B BHUSHAN
• Keywords: Rejection of books of accounts; Additional evidence

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.289/CHNY/2019 /ASSESSMENT YEAR: 2011-12 MR.DILIP JAWAHARMAL CHANDAN, DIRECTOR: RMP INFOTECH PVT. LTD., NO.4, KATCHALEESWARAR PAGODA LANE, PARRYS, CHENNAI-600 001. V. THE DY. COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-V(4), CHENNAI. [PAN: ACXPD 8697 B] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.B.BHUSHAN, CA /RESPONDENT BY : MR.G.JOHNSON, ADDL.CIT /DATE OF HEARING : 25.03.2021 /DT. OF PRONOUNCEMENT : 29.04.2021 / O R D E R PER SHRI S. JAYARAMAN, ACCOUNTANT MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-3, CHENNAI, IN ITA NO.23/20 14-15/A-3 DATED 30.11.2018 FOR THE AY 2011-12. 2. WHILE MAKING THE ASSESSMENT FOR THE AY 2011-12, SINCE THE ASSESSEE HAS FAILED TO FURNISH RELEVANT MATERIAL CALLED FOR BY THE AO, THE AO IS REJECTED THE BOOKS OF ACCOUNTS AND ESTIMATED THE BUSINESS IN COME OF THE ASSESSEE FROM TEJAS METAL INDIA @10% OF THE TOTAL TURNOVER. AGGRIEVED THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD.CIT(A), THE LD.CI T(A) PARTLY ALLOWED THE ITA NO.289/CHNY/2019 :- 2 -: ASSESSEES APPEAL. AGGRIEVED AGAINST THAT ORDER, T HE ASSESSEE HAS FILED THIS APPEAL BEFORE THE TRIBUNAL. 3. THE CASE WAS HEARD THROUGH VIDEOCONFERENCING. A T THE TIME OF HEARING, THE LD.AR COULD NOT PRESENT THE CASE AND P LEADED THAT HE WAS NOT HAVING ANY PAPERS. PER CONTRA, THE LD.DR SUPPORTED THE ORDERS OF THE RESPECTIVE AUTHORITIES. AT THE TIME OF DICTATION, IT WAS NOTICED THAT THE ASSESSEE HAS FILED AN APPLICATION UNDER RULE 29 OF INCOME TAX RULES, 1963, BEFORE THE TRIBUNAL SUBMITTING, INTER ALIA, THAT TH E ASSESSEE HAS FURNISHED VARIOUS CONFIRMATION COPIES BEFORE THE AO AT THE T IME OF ASSESSMENT WHICH WOULD PROVE THAT THE BOOKS OF ACCOUNTS WERE MAINTAI NED PROPERLY AND THE ASSESSEE WOULD BE OBLIGED TO SUBMIT ANY FURTHER INF ORMATION ASKED BY THE AO AND HAS ENCLOSED ADDITIONAL EVIDENCES PLEADING T HAT THESE DETAILS COULD NOT BE SUBMITTED EARLIER AS THE BOOKS OF ACCOUNTS W ERE SEIZED BY THE KERALA & ANDHRA POLICE, ETC., AND HENCE, PLEADED TO ADMIT THE ADDITIONAL EVIDENCE. 4. WE HAVE CONSIDERED THE ASSESSEES PLEA AND WE AR E OF THE OPINION THAT IN THE INTERESTS OF JUSTICE, ADDITIONAL EVIDEN CES ARE REQUIRED TO BE ADMITTED AND HENCE ADMIT THEM. SINCE THESE MATERIA LS WERE NOT PLACED BEFORE THE AO, WE DEEM IT FIT THAT THE ISSUES IN TH IS APPEAL ARE REMITTED BACK TO THE FILE OF THE AO FOR A FRESH EXAMINATION. THE ASSESSEE SHALL PRODUCE ALL MATERIALS IN SUPPORT OF HIS CONTENTIONS BEFORE THE AO AND COMPLY WITH HIS REQUIREMENTS IN ACCORDANCE WITH LAW. THE AO AFTER DUE ITA NO.289/CHNY/2019 :- 3 -: EXAMINATION OF THEM AND AFTER AFFORDING EFFECTIVE O PPORTUNITY TO THE ASSESSEE, DECIDE THE ISSUES IN THIS APPEAL IN ACCOR DANCE WITH LAW. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THE 29 TH DAY OF APRIL, 2021, IN CHENNAI. SD/- SD/- ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER /CHENNAI, /DATED: 29 TH APRIL, 2021. TLN /COPY TO: 1. /APPELLANT 4. ' /CIT 2. /RESPONDENT 5. /DR 3. ' ( ) /CIT(A) 6. /GF