TMI Blog2021 (10) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the Assessing Officer to examine the material evidence furnished before the Tribunal for the first time does not holds water for the reason that it was admitted by the CIT(A) as well, that the assessee has provided clarification in rectification proceedings under Section 154 of the Act before the Assessing Officer which came to be disposed of. If such material evidence was placed before the Assessing Officer even in the proceedings under Section 154 of the Act, regarding entries in P L A/c, the same being available, CIT(A) under hyper technicalities ought not to have confirmed the addition of HV AC charges on the premise that no documentary evidence was placed to substantiate the same. Tribunal is the last fact finding authority, ir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 raising the following Substantial questions of Law: (1) Whether on the facts and in the circumstances of the case, the Tribunal is right in law in allowing relief to assessee on the basis of fresh materials brought on record before Tribunal without affording opportunity to assessing authority to file remand report nor considering request of Revenue to remand the matter for verification of fresh evidences brought on record by assessee before Tribunal? (2) Whether on the facts and in the circumstances of the case and in law, is perverse in nature as Tribunal has set aside the disallowances made by assessing authority by relying on fresh materials brought on record by assessee for first time before Tribunal when assessing authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mand the matter to the Assessing Authority since, no documentary evidence was placed either before the Assessing Officer or before the CIT(A) regarding the reimbursement of expenses, the details of which was placed before the Tribunal for the first time. Without getting the remand report from the Assessing Officer, the Tribunal proceeded to decide the issue which is wholly unjustifiable. Thus, learned counsel seeks to answer the substantial questions of law in favour of the Revenue. 5. Learned counsel for the assessee submitted that the assessee being engaged in the business of Mall Management, reimbursement received from the tenants indeed was credited to the related expenses incurred and the same was made available before the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant pages relied by Ld.AR, it appears that, said amount was considered while computing expenses under the head, Marketing Cost before debiting it to P L account. Ld.CIT(A) in para 5.3 of his order, notes that, clarification was provided by assessee in rectification petition under 154 of the Act before Ld.AO, regarding entries in P L account. 12.1. Ld. AR. Submitted that, reimbursement is credited to related expenses incurred, and net expenses are considered in statement of P L account as expenditure. The Ld.AR submitted that, sum of ₹ 14,12,12,74/- was incurred towards HVAC/power charges, against which, assessee received sum of ₹ 4,21,83,036/-, as reimbursement from tenants. Referring to page 48, Ld.AR submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e placed before it. Having considered the breakup figures available in the P L report and the clarification offered by the assessee, the Tribunal has rightly allowed the appeal setting aside the orders passed by the authorities. It is well settled law that these factual aspects having been considered by the Tribunal and on the finding of the Tribunal with respect to this factual aspects, no questions of law would arise. It is apt to refer the judgment of Co-ordinate Bench of this Court (one of us SSJ was a member) in Principal Commissioner of Income Tax, Bengaluru Vs. Soft Brands India (P) Ltd., reported in (2018) 406 ITR 513 (Karnataka) wherein it has been held that the finding of the Tribunal being one of the fact which has not been s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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