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Rule 46A Violation — Matter Remanded to CIT(A) as Additional Evidence Accepted without Giving AO Opportunity

Case Law Details

Case Name
ACIT Vs FT Textiles Private Limited (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-21
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ACIT Vs FT Textiles Private Limited (ITAT Mumbai) The Revenue appealed against CIT(A)’s order which had condoned delay of more than 900 days and allowed expenditure claim deleted by CPC u/s 143(1) due to non-uploading of “Other Expenses” details. ITAT held that while CIT(A) can admit additional evidence, mandatory compliance with Rule 46A procedures is essential. The assessee argued that adjustment was made due to technical glitches while filing return and details were later submitted before CIT(A). CIT(A) accepted assessee’s explanation and granted relief without seeking comments from...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,641

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