TMI Blog2011 (5) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... ected to the admission of the said evidence and did not do any further exercise to verify the same - Decided in favour of the assessee - 1501 of 2010 - - - Dated:- 18-5-2011 - SIKRI A. K., MEHTA M. L., JJ. JUDGMENT A. K. Sikri J.- 1. The assessee is a charitable trust registered under the Societies Registration Act XXI of 1860. It had filed the return for the assessment year 1999-2000 declaring the income at nil, which was accepted by the Assessing Officer under section 143(1)(a) of the Income-tax Act, 1961. However, thereafter, the assessment was reopened by issuing a notice dated March 30, 2006 under section 148 of the Act, on the basis of information received from the Director of Income-tax (Investigation) that the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals). On the evidence, the Commissioner of Income-tax (Appeals) asked for a remand report. The Assessing Officer in his remand report objected to the admission of the additional evidence on the ground that the requirements of rule 46A of the Income-tax Rules were not satisfied as the assessee had failed to produce the same before the Assessing Officer in spite of various opportunities given and no reasons whatsoever were given by the assessee as to why such evidence could not be produced before the Assessing Officer, which the asses-see sought to produce before the Commissioner of Income-tax (Appeals). However, the documents which were produced were not verified by the Assessing Officer and, therefore, he did not furnish any comments th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... more so when the assessee is a charitable organization. We may also record the submission of the learned counsel for the respondent that in so far as unsecured loans are concerned, they were paid back in subsequent years, which shows that these were genuine loans taken by the assessee. At the same time, we find that the Commissioner of Income-tax (Appeals) after admitting the evidence relied upon the same without any verification. No doubt, the remand report of the Assessing Officer was called for and it was found that the Assessing Officer did not go into to the veracity of the same and reproduced some facts from the assessment order. It was because of the reasons that the Assessing Officer strongly felt that there was lapse on the part o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
