The ACIT, 1 (1), V. M/s M.P. Housing Board,

ITA 296/IND/2008

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 9719 (ITAT-INDORE)
• Duration Of Justice: 2 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-01-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 10-01-2011
• Assessment Year: misc
• Appeal Filed On: 07-07-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K K SINGH
• Assessee Lawyers: ANKUR JAIN
• Keywords: Additional evidence

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA NO. 296/IND/08 A.Y.2003-04 ASSTT. COMMISSIONER OF INCOME TAX 1(1), BHOPAL APPELLANT VS M.P. HOUSING BOARD BHOPAL PAN AAAIM0488N RESPONDENT APPELLANT BY : SHRI K.K. SINGH RESPONDENT BY : SHRI ANKUR JAIN O R D E R PER JOGINDER SINGH, JUDICIAL MEMBER THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDER OF THE LEARNED CIT(A) DATED 31.3.2008 ON THE GROUND AS RAISED IN T HE GROUNDS OF APPEAL. DURING HEARING OF THIS APPEAL, SHRI K.K. SI NGH, LEARNED CIT DR IS PRESENT FOR THE REVENUE AND SHRI ANKUR JAIN, LD. CO UNSEL FOR THE ASSESSEE. MR. JAIN FILED AN APPLICATION WITH THE R EQUEST FOR ADMISSION OF ADDITIONAL EVIDENCE RUNNING INTO 1 TO 16 PAGES ON T HE PLEA THAT THESE DOCUMENTS GO TO THE ROOT OF THE MATTER AND THEREFOR E, THESE SHOULD BE 2 ALLOWED TO BE RAISED. IT WAS SUBMITTED THAT IN VIEW OF THE DIVISION OF THE ERSTWHILE STATE OF MADHYA PRADESH INTO TWO STATES, THE ACCOUNTS OF THE RELEVANT ASSESSMENT YEAR TOOK SOME TIME AND THE FIN AL ACCOUNTS WERE PREPARED AFTER SEGREGATION OF THE POSITION OF LOSS AS PER THE ORDERS OF THE CENTRAL GOVERNMENT. THESE FINAL ACCOUNTS COULD BE C OMPLETED AND PREPARED ON 4 TH FEBRUARY, 2008 MUCH AFTER THE DATE OF PASSING THE ASSESSMENT ORDER OF THE RELEVANT ASSESSMENT YEAR. THE EXTRA TIME TAKEN WAS DUE TO THE MANMOTH TASK OF SEGREGATION OF THE BOARD INTO TWO DIVISIONS AND THE TIME SO TAKEN WAS BEYOND THE CONT ROL OF THE ASSESSEE BOARD. IT WAS FURTHER CLAIMED THAT SUBSEQUENTLY WH EN THE FINAL ACCOUNTS WERE PREPARED, AFTER THEY GOT APPROVED BY THE GOVER NING BODY OF THE ASSESSEE BOARD, THEY WERE SUBMITTED TO THE GOVT. AU DITORS, ACCOUNTANT GENERAL OF MADHYA PRADESH FOR FINAL AUDIT. THE CRU X OF ARGUMENTS ON BEHALF OF THE ASSESSEE IS THAT THIS DELAY WAS BEYON D THE CONTROL OF THE ASSESSEE AND THE REPORT COULD NOT BE OBTAINED TILL THE APPELLATE ORDER WAS PASSED BY THE LD. FIRST APPELLATE AUTHORITY. M R. JAIN FURTHER PLEADED THAT THE REPORT FROM THE ACCOUNTANT GENERAL OF MADH YA PRADESH HAS BEEN OBTAINED, THEREFORE, IN VIEW OF THE NUMEROUS Q UALIFICATIONS IN THE SPECIAL AUDIT REPORT, OBTAINED U/S 142(2A) OF THE A CT, THE ADDITIONAL EVIDENCE MAY BE ACCEPTED. ON THE OTHER HAND, THE LEARNED CIT DR PLEADED THAT SINCE THE ADDITIONAL EVIDENCE WAS NOT EXAMINED BY THE 3 DEPARTMENT, THEREFORE, THIS MAY BE REMANDED BACK TO THE FILE OF THE ASSESSING OFFICER. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS OF LD. REPRESENTATIVES OF BOTH SIDES AND PERUSED THE MATERIAL AVAILABLE ON RE CORD. IN VIEW OF THE AFORESAID ASSERTION, WE ARE OF THE CONSIDERED OPINI ON THAT SINCE THE DOCUMENTS FILED IN THE FORM OF ADDITIONAL EVIDENCE GO TO THE ROOT OF THE MATTER, THESE DESERVE TO BE ADMITTED. HOWEVER, IN THE INTEREST OF JUSTICE AS NO PREJUDICE IS CAUSED TO THE EITHER SIDE, THE A DDITIONAL EVIDENCE ARE ADMITTED AND ALL THE GROUNDS RAISED BY THE REVENUE ALONG WITH THE ADDITIONAL EVIDENCE ARE REMANDED BACK O THE FILE O F THE ASSESSING OFFICER FOR EXAMINATION AND FRESH ADJUDICATION ACCO RDING TO LAW FOR WHICH DUE OPPORTUNITY OF BEING MAY BE PROVIDED TO THE ASS ESSEE. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALLOW ED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN OPEN COURT IN THE PRESENCE OF LEARNED REPRESENTATIVES OF BOTH THE SIDES AT THE CONCLUSION OF THE HEARING ON 10 TH JANUARY, 2011. (R.C.SHARMA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 10 TH JANUARY, 2011 COPY TO: APPELLANT, RESPONDENT, CIT, CIT(A), DR, G UARD FILE 4 DN/- ORDER PRONOUNCED IN OPEN COURT ON 10 TH DECEMBER, 2010. (R.C.SHARMA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 10.12.2010 COPY TO: APPELLANT, RESPONDENT, CIT, CIT(A), DR, G UARD FILE DN/-