2014 (12) TMI 1345

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....facts and circumstances of the case and in law, the learned Commissioner of Income - tax (Appeals) ['CIT(A)'] erred in confirming the action of the Additional Commissioner of Income- tax, Range 5(3) ['Addl. CIT] of adding the amount of Rs. 1,54,57,360 being depreciation on purchase of assets alleged to be bogus purchases. 2. Ground No. 2: Non consideration of Additional Evidence of the Appellant: On the facts and circumstances of the case and in law, the learned CIT(A) erred in not admitting the additional evidence furnished by the Appellant which was necessary for the disposal of the appeal on merits. 3. Ground No. 3: Non consideration of submissions of the Appellant: On the facts and circumstances of the case and i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ced the balance amount of Rs. 8,75,91,701/- from WDV of fixed assets. 3. Before the Ld. CIT(A), the Ld. A.R. of the assessee moved an application for additional evidence under Rule 46A of the I.T. Rules, 1962 and sought to furnish the confirmations, ledger extracts of the concerned parties, ledger account of the said parties in the books of the assessee, reconciliation statements as well sample copies of invoices relating to the infrastructure purchased from the said parties. 4. However, the Ld. CIT(A) did not consider the documents and details supplied by the assessee at appellate stage observing that the evidence under Rule 46A can only be accepted if, the AO had refused to accept the said evidence or the assessee was prevented by suf....