M/s. TRG-JKS Joint Venture, New Delhi V. ITO, New Delhi

ITA 6229/DEL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6874 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Next Hearing Date: 25-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 22-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: C S AGARWAL; PUSHPA SHARMA
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D, NEW DELHI BEFORE SHRI C.M.GARG, JM AND SHRI L.P.SAHU, AM ITA NOS. 6229/DEL/2013 : ASSTT. YE AR : 2009-10 TRG-JKS JOINT VENTURE E461, GREATER KAILASH PART-II NEW DELHI VS ITO WARD-26(4) NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. AABAT6758J ASSESSEE BY : SHRI C.S.AGARWAL, SR. ADV. & PUSHPA SHARMA, ADV. REVENUE BY : SHRI SANJAY KUMAR , CIT(DR) DATE OF HEARING : 14.06.2016 DATE OF PRONOUNCEMENT : 27 .07.2016 ORDER PER C.M.GARG, JM: THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A)-XXIV, NEW DELHI DATED 19/08/2013 PASSED IN F IRST APPEAL NO. 297/2011-12 FOR AY 2009-10. APPLICATION UNDER RULE 29 OF THE INCOME TAX (APPELL ATE TRIBUNAL) RULES, 1963 OF THE ASSESSED 2. WE HAVE HEARD ARGUMENTS OF BOTH THE SIDES AND CAREFULLY PERUSED THE RELEVANT MATERIAL PLACED ON RECORD OF THE TRIBUNAL. THE LD. SR. COUNSEL OF THE ASSESSEE REITERATED THE SUBMISSIONS MADE IN THE SAI D APPLICATION AT S.NO. 2, 3, 5 & 6 IN THE VOLUME 4 OF ASSESSEES PAPER BOOK GOES T O THE ROOT OF THE MATTER AND WOULD BE RELEVANT TO DECIDE THE ISSUE INVOLVED IN T HE APPEAL HENCE THE SAME ITA NO.6229/DEL/2013 TRG-JKS JOINT V ENTURE 2 MAY KINDLY BE ADMITTED AND CONSIDERED AS ADDITIONAL EVIDENCE WHILE DECIDING THE APPEAL. THE LD. SR. COUNSEL SUBMITTED THAT THE ACCOUNTS OF M/S JKS COULD NOT BE FURNISHED ON ACCOUNT OF DISPUTE BETWEEN THE ASSESSEE AND OTHER COMPANY AS UNDER THE TERMS AND CONDITIONS OF THE SUPPLEMENT ARY AGREEMENT, M/S TRG, THE HEAD PARTNER HAS TAKEN SECURITY WAS REFUNDED AF TER SATISFACTORY COMPLETION OF WORK. 3. REPLYING TO THE ABOVE, THE LD. DR STRONGLY OBJEC TED TO THE ADMISSION AND CONSIDERATION OF ADDITIONAL EVIDENCE SOUGHT TO BE S UBMITTED BEFORE THE TRIBUNAL. HOWEVER, HE COULD NOT CONTROVERT THIS FA CT THAT THE SAME COULD NOT BE SUBMITTED BEFORE AUTHORITIES BELOW DUE TO DISPUTE B ETWEEN THE ASSESSEE AND M/S JKS. AT THE SAME TIME, THE LD. DR ALSO COULD NOT D EMOLISH THIS CONTENTION OF THE LD. SR. COUNSEL THAT THE DOCUMENTS PLACED AT S. NO. 2, 3, 5 & 6 GOES TO THE ROOT OF THE MATTER AND ARE RELEVANT FOR PROPER ADJU DICATION OF THE CASE. 4. IN VIEW OF THE ABOVE, WE ARE ALSO IN AGREEMENT W ITH THE CONTENTION AND PRAYER OF THE LD. DR THAT IF IT IS FOUND JUST AND P ROPER TO ALLOW THE ASSESSEE TO FILE ADDITIONAL EVIDENCE AND THE SAME IS ADMITTED F OR CONSIDERATION THEN THE CASE SHOULD BE RESTORED TO THE FILE OF THE AO AFRES H ADJUDICATION AFTER AFFORDING DUE OPPORTUNITY OF HEARING TO THE ASSESSEE. 5. IN VIEW OF THE FOREGOING DISCUSSION WE ALLOW THE APPLICATION OF THE ASSESSEE AND ADDITIONAL EVIDENCE, WHICH COULD NOT B E SUBMITTED BEFORE THE AUTHORITIES BELOW DUE TO SUFFICIENT REASON OF DISPU TE BETWEEN THE JV PARTIES, IS ADMITTED FOR CONSIDERATION. SINCE THE AO WAS NOT A LLOWED OPPORTUNITY TO EXAMINE THE ADDITIONAL EVIDENCE HENCE WE FIND IT AP PROPRIATE TO RESTORE THE CASE TO FILE FOR FRAMING OF AFRESH ASSESSMENT ORDER AFTE R PROVIDING DUE OPPORTUNITY OF ITA NO.6229/DEL/2013 TRG-JKS JOINT V ENTURE 3 HEARING TO THE ASSESSEE AND AFTER CONSIDERING THE A DDITIONAL EVIDENCE AS ADMITTED BY US BY THE EARLIER PART OF THIS ORDER. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. (ORDER PRONOUNCED IN THE COURT ON 27/07/2016) SD/- SD/ - (L.P.SAHU) (C.M.GARG) ACCOUNTANT MEMBER JUDICIAL ME MBER DATED: 27/07/2016 BINITA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITA NO.6229/DEL/2013 TRG-JKS JOINT V ENTURE 4 DATE INITIAL 1. DRAFT DICTATED ON 25.07.2015 PS 2. DRAFT PLACED BEFORE AUTHOR 25.07.2015 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK 27.07.2016 PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.