9911796707
TMI Blog2024 (1) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... ations were filed by petitioner (assessee) seeking recall of an order dated 29th April 2022 passed by the ITAT in ITA No. 2595/MUM/2019 alongwith Cross Objection No. 103/MUM/2021. Following are the mistakes that were alleged to be apparent on record in the impugned order : I. Violation of Rule 46A of the Rules : The Revenue had neither raised the violation of the Rule 46A in the grounds of appeal, nor was it argued by the revenue, nor an opportunity was given to the appellant to explain the case there by violating the principle of natural justice. Without prejudice to the above, If Department has raised the violation of Rule 46A, the respondent would have made an application before the Appellate Tribunal to admit the additional evidence. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee's representative it was not possible for the assessee to produce the parties, from whom the assessee is alleged to have obtained unsecured loans, before the Assessing Officer or the learned CIT(A). 4. Dr. Shivaram stated and rightly so that it was not within the power of the assessee to produce third parties before the Income Tax officer. If the officer feels presence of certain parties are required for him to probe the matter further or go behind the entries made by the assessee in its books of accounts, the Assessing Officer should exercise his powers under Section 131 of the Act by issuing a summons to those parties. Dr. Shivaram stated that of course the assessee would provide the address as the assessee may have as on date an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we remand the matter to the CIT(A) for denovo consideration. 9. The CIT(A) shall follow the procedure as prescribed under Rule 46A of the Rules and may also exercise all powers that he has under the Act to summon third parties to appear before him and record their statements. After hearing the parties, the CIT(A) may pass such orders, as he deems fit, in accordance with law. 10. In view of the above, we hereby quash and set aside the order dated 29th April 2022 passed by the ITAT in ITA No. 2595/MUM/2019 alongwith Cross Objection No. 103/MUM/2021 for Assessment Years 2011- 2012 and also the impugned order dated 21st November 2022. 11. Petition disposed accordingly. 12. We clarify that we have not made any observation on the merits of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
