If CIT exercise power under sec 250(4) the AO need not be given any opportunity and if CIT acts on application under Rule 46A opportunity to AO is mandatory

Last updated: 17 March 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
At the very outset, Ld. DR submitted that with respect to all the three additions of Rs.4,37,45,772/-, 5,64,000/- and Rs.5,39,585/- on account of purchases, excess remuneration and commission paid respectively, the assessee did not file necessary confirmations before the Assessing Officer, but it filed such confirmation and other related material before the CIT(A) in first appeal and no doubt CIT(A) called for remand report of the Assessing Officer, who objected to admission of such additional evidence. After having admitted additional evidence, CIT(A) did not get verified all the documents filed before him from the Assessing Officer again. So, in view of the latest decision of Hon’ble jurisdictional High Court, matter requires to be sent back to the Assessing Officer for reconsideration of these issues afresh and to this move Ld.Counsel for the assessee did not object and rather submitted that matter can go back for reconsideration of the issues afresh before the Assessing Officer.

Citation :
ACIT, Circle 17(1), New Delhi. (Appellant)Vs. M/s Vimlesh Industries Pvt. Ltd.,7A, Sri Ram Road,Delhi- 110054.(PAN/GIR No.AAACV2653F) (Respondent)