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| The Tax Publishers2019 TaxPub(DT) 7684 (Del-Trib) INCOME TAX ACT, 1961
Section 254(1)
Since additional evidence filed by assessee in the form of affidavit had come in possession of assessee after assessment proceedings were over for the concerned assessment years therefore, to serve the interest of justice additional evidence filed by the assessee was admitted and matter was referred back to TPO for adjudication afresh.
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Appeal (Tribunal) - Additional evidence - Admissibility - Receipt of evidence by assessee after completion of assessment proceedings
Assessee paid commission to AE on export sale made to third parties. TPO determined ALP thereof at nil on the ground that there were no significant services rendered by AE to get the commission ranging at the rate between 5-15% as per the agreement entered into between the assessee and its AE. Assessee filed application for admission of additional evidence before Tribunal in terms of rule 29 in the shape of an affidavit of Director of AE regarding arrangement between parties and services rendered in terms of marketing service agreement entered into with assessee.Held: Since additional evidence filed by assessee in the form of affidavit had come in possession of assessee after assessment proceedings were over for the concerned assessment years therefore, to serve the interest of justice additional evidence filed by the assessee was admitted and matter was referred back to TPO for adjudication afresh.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2007-08, 2008-09 & 2009-10
INCOME TAX ACT, 1961
Section 14A
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