Merely because assessee does not produce copy of agreement to AO but does so before CIT(A), ITAT cannot delete relief granted by CIT(A)

Status Home and Enclaves (P) Ltd. Vs CIT (Calcutta High Court)- Whether the Tribunal was justified in law in withdrawing the relief granted by the Commissioner of Income Tax (Appeals) merely because the Development Agreement was not produced before the Assessing Officer when the said agreement was duly submitted before the considered by the Commissioner of Income Tax (Appeals) and no objection in that regard was raised by the Department either in the ground of appeal or in course of argument nor the Tribunal require production of the agreement?

After hearing both the parties HC propose to remand the matter back to the Assessing Officer for giving opportunity to the appellant to re argue the case on the basis of the explanations which have already been given before the Commissioner of Income-tax (Appeals). The Assessing Officer will be entitled to ask for further explanation and after taking into consideration such explanations, if any, the Assessing Officer will pass necessary order.

Status Home and Enclaves (P) Ltd. Vs CIT

Decided by- Calcutta High Court

I.T.A. No. 268 of 2003

Judgement on: August 12, 2011

Bhaskar Bhattacharya, J.:

This appeal under Section 260A of the Income-tax Act, 1961 is at the instance of an assessee, and is directed against an order dated June 13, 2003 passed by the Income-tax Appellate Tribunal, “B” Bench, Kolkata, in Income-tax (SS) Appeal No.36 (Kol) of 2000 for the Block Period from 1992-93 to 1997-98 and thereby dismissing the appeal preferred by the assessee.