The Tax Publishers2020 TaxPub(DT) 4857 (Hyd-Trib)

INCOME TAX ACT, 1961

Section 143(3)

Where AO made addition in case of assessee towards suppression of commission income and assessee filed additional evidence before Tribunal for first time and contended that turnover taken into consideration by AO did not relate to assessee, considering that it was not appropriate to adopt data belonging to some other assessee while computing addition in hands of assessee, therefore, matter was remanded back to AO for de novo consideration.

Assessment - Additions to income - Alleged suppression of commission income - Assessee contended that turnover taken into consideration by AO did not relate to assessee --Remand of matter

Assessee-individual was dealer in petroleum products. Pursuant to scrutiny of assessee, AO made addition towards suppressed commission income. Claim of assessee that shortage in turnover was not due to suppression of commission income, but it was due to discounts allowed to customers, was rejected by AO. Assessee filed additional evidence before Tribunal for first time and contended that said documents established fact that turnover taken into consideration by AO did not relate to assessee. Assessee sought remand of matter to AO for fresh consideration. Held: It was not clear as to why discrepancy in issue was not pointed out before AO or even before CIT(A) by assessee or by her counsel. It was quite possible that there may have been a hotch potch in adopting correct data by AO when information was obtained with respect to various dealers from different source. Though assessee had shown negligence during course of respective proceedings before revenue authorities, it was not appropriate to adopt data belonging to some other assessee while computing addition in the hands of assessee. Therefore, matter was remanded back to AO for de novo consideration.

REFERRED :

FAVOUR : Matter remanded.

A.Y. : 2014-15


INCOME TAX APPELLATE TRIBUNAL RULE, 1963

Rule 34(5)

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