Satyendra Traders Pvt.Ltd.,, ... vs Assessee

आयकर अपीलीय अिधकरण, अिधकरण, अहमदाबाद यायपीठ ''B'', अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, "B" BENCH

सव ौी ौी जी. जी.सी. सी.गु ा, माननीय उपा!य", उपा!य", एवं अिनल चतुवद ' (, (, लेखा सदःय के सम" । BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND ANIL CHATURVEDI, ACCOUNTANT MEMBER)

ITA No.233/Ahd/2012 [Asstt.Year : 2008-2009]

Satyendra Traders P. Ltd. बनाम/Vs. ITO, Ward-8(1) 1/2 Kabootar Khana, Khanpur Ambawadi, Ahmedabd. Ahmedabad 380 001.

PAN : AAICS 5703 P

(अपीलाथ. / Appellant) (ू0यथ. ू0यथ. / Respondent)

िनधा 1रती क2 ओर से/ : Assessee by Shri G.C.Pipara राजःव क2 ओर से/ : Revenue by Shri Roopchand, Sr.DR सुनवाई क2 तार(ख/ : Date of Hearing 6th January, 2015 घोषणा क2 तार(ख/ : Date of Pronouncement 02-02-2015

आदे श / O R D E R

PER G.C. GUPTA, VICE-PRESIDENT: This appeal by the assessee for the Asstt.Year 2008-2009 is directed against the order of the CIT(A).

2. The main ground of appeal of the assessee is ground no.1, which is reproduced below: 1. The CIT(A) has erred in law as well on facts in refusing to admit the additional evidences relating to the addition of Rs.1,82,00,000/- for share capital filed before him without appreciating the fact that the appellant was prevented by ITA No.233/Ahd/2012

sufficient cause from producing the same before the AO. The appellant thus requests your honours to direct the authorities below to admit such additional evidences."

3. The learned counsel for the assessee at the outset submitted that the issue in the grounds of the appeal of the assessee have to be restored to the file of the AO for reason that the assessee could not submit complete details in respect of shareholders as required by the AO in view of lack of time available, as the person through whom, the said applications were received were out of station and also due to shifting of registered office of the assessee-company from Ahmedabad to Anand, and that the request of the assessee for admission of this evidence under Rule 46A of the I.T.Rules, 1962 was rejected by the CIT(A) without any valid reasons. The learned DR has relied on the orders of the AO and the CIT(A).

4. We have considered rival submission and perused the orders of the AO and the CIT(A). We find that the assessee could not submit complete required details in repect of shareholders, as required by the AO in view of lack of time available with the assessee for various valid reasons detailed out by the assessee. Application of the assessee under Rule 46A of the I.T.Rules, 1962 for admission of these evidences was rejected by the CIT(A) for no convincing reason. In these facts, we are of the view that it shall be in the interest of justice to restore the issue in the grounds of the appeal of the assessee to the file of the AO with direction to examine the evidences which may be filed by the assessee in support of its case with regard to the addition of Rs.1.82 crores for share capital and decide the issue in accordance with law after providing reasonable opportunity of hearing to the assessee. We also restore other issues in the grounds of the appeal of the assessee regarding disallowance of Rs.8.46 lakhs being brokerage and commission payment to various persons and disallowance -2- ITA No.233/Ahd/2012

of Rs.1.75 lakhs being repair and maintenance expenses, to the file of the AO for determination in accordance with law after allowing reasonable opportunity to the assessee. We direct accordingly.

5. In the result, the appeal of the assessee is allowed for statistical purpose.

Order pronounced in Open Court on the date mentioned hereinabove.

Sd/- Sd/- अिनल चतुव'द( / ANIL CHATURVEDI) (अिनल (जी. जी.सी. सी.गु ा/G.C. GUPTA) लेखा सदःय /ACCOUNTANT MEMBER उपा!य" /VICE-PRESIDENT

Copy of the order forwarded to: 1) : Appellant 2) : Respondent 3) : CIT(A) 4) : CIT concerned 5) : DR, ITAT. BY ORDER

DR/AR, ITAT, AHMEDABAD

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