2022 (10) TMI 537

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....filed cross objection against the appeal filed by the revenue. 2. S/Shri A.K.Sabat and B.K. Mahapatra, ld ARs appeared for the asessee and Shri M.K.Gautam, ld CIT DR appeared for the revenue. 3. At the time of hearing, ld AR submitted that he does not wish to press cross objection filed by the assessee. Consequently, the cross objection filed by the assessee stands dismissed as withdrawn. Ld AR has also endorsed to this effect in the appeal. 4. In respect of revenue's appeal, ld CIT DR submitted that the only issue was against the action of the ld CIT(A) in allowing the claim of 35AD made by the assessee by admitting fresh evidences in violation of provisions of Rule 46A of IT Rules. Ld CIT DR has filed written submission as follow....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....liance is placed on following decisions: 1) Hon'ble Himachal Pradesh High Court in the case of CIT vs. Shree Kangra Steel (P) Ltd. (320 ITR 691) (para-8) 2) Hon'ble Madras High Court in the case of CIT vs. Subbu Shashank (327 ITR 577)(para-6) 3) Hon'ble Delhi High Court in the case of CIT vs. United Towers (P) Ltd. (296 ITR 106) 4) Hon'ble Delhi High Court in the case of Manish Build Well (P) Ltd. (16 taxmann.com 27) In view of above facts and circumstances, the matter should be restored to the file of A.O. so as to examine these fresh evidences." 5. Ld CIT DR drew our attention to para 4.2 of the order of the ld CIT(A) to submit that he has admitted the evidences in the form o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fore the Assessing Officer. It was, however, the submission that the AO has only raised the issue in regard to certifying the amount of deduction in the audit report not being there. It was the submission that in the tax audit report for the relevant assessment year, the auditors had specifically excluded the assets eligible for deduction u/s.35AD while determining the value of the assets for the purpose of deprecation under the I.T.Act. It was the submission that thus, the information was before the AO. It was the submission that the order of the ld CIT(A) is liable to be upheld. 7. We have considered the rival submissions. Admittedly, the Assessing Officer has disallowed the claim of deduction u/s.35AD on the ground that in the tax aud....