M/S PKM METAL BUILDINGS COMPANY PRIVATE LMITED, CHENNAI V. ITO, CORPORATE-5(2), CHENNAI

ITA 427/CHNY/2023

AI Insights

The case involves M/s.PKM Metal Buildings Company Pvt. Ltd., the appellant, contesting an assessment order for the Assessment Year 2018-19, which included additions to their turnover based on discrepancies in Form 26AS information. The appellant's initial appeal to the Commissioner of Income Tax (Appeals) was unsuccessful due to insufficient evidence provided at that stage. Subsequently, the appellant presented additional evidences before the Income Tax Appellate Tribunal, which were admitted despite opposition from the respondent. The Tribunal found that these additional evidences could materially affect the outcome and thus remanded the case back to the Assessing Officer for a fresh examination.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 133924 (ITAT-CHENNAI)
• Duration Of Justice: 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 25-04-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 30-03-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Additional evidence

Judgement Text

आयकर अपीलीय अिधकरण ‘बी’ ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI माननीय +ी मनोज कु मार अ/वाल ,लेखा सद4 एवं माननीय +ी मनोमोहन दास ाियक सद4 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM, AND HON’BLE SHRI MANOMOHAN DAS, JUDICIAL MEMBER आयकर अपील सं./ ITA No. 427/Chny/2023 (िनधा@रण वष@ / Assessment Year: 2018-19) M/s.PKM Metal Buildings Company Pvt. Ltd. 43/17, Thulangum Thandalam Village Dimmasamudram Post Near Vellagate Kancheepuram, Chennai-631 502. बनाम / V s. Income Tax Officer Corporate Ward-5(2) Chennai. था यी ले खा सं. /जीआ इ आ र सं. /P AN / G I R No . AAH C P -61 76-E (अ पीलाथ%/Appellant) : (&'थ% / Respondent) अपीलाथ% की ओरसे/ Appellant by : Shri Shrenik Chordia (C.A)-Ld. AR &'थ% की ओरसे/Respondent by : Shri D.Hema Bhupal (JCIT) –Ld.DR सुनवाई की तारीख/Date of Hearing : 26-04-2023 घोषणा की तारीख /Date of Pronouncement : 26-04-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2018-19 arises out of order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 07-02-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.143(3) r.w.s 144B of the Act on 29-09-2021. In the assessment order, the assessee was saddled with certain addition of turnover based on difference in 26AS information. The Ld. CIT(A) confirmed the same on the ground that the assessee ITA No.427/Chny/2023 - 2 - did not furnish sufficient evidences to substantiate its grounds of appeal. Aggrieved, the assessee is in further appeal before us. 2. Before us, Ld. AR has filed petition under Rule 29 pleading for admission of additional evidences. The Ld AR also placed on record a detailed chart reconciling the differences. The Ld. Sr. DR opposed admission of additional evidences at this stage. 3. We find that the only reason for impugned additions was the fact that the assessee could not furnish sufficient evidences before lower authorities. The additional evidences furnished before us would have material bearing on the impugned issue. Considering the same, we admit the same and direct Ld. AO to examine the same and re- adjudicate the impugned issues after affording opportunity of hearing to the assessee. The assessee is directed to substantiate its claim. 4. The appeal stand allowed for statistical purposes. Order pronounced in open court on 26 th April, 2023. Sd/- (MANOMOHAN DAS) ाियक सद4 / JUDICIAL MEMBER Sd/- ( MANOJ KUMAR AGGARWAL ) लेखा सद4 / ACCOUNTANT MEMBER चे7ई / Chennai; िदनांक / Dated : 26-04-2023 DS आदेश की Sितिलिप अ /ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकर आय ु त/CIT 4. वभागीय त न ध/DR 5. गाड फाईल/GF