1 ITA-2264 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Income Tax Appeal No.2264 of 2010 Aakash Stone Industries Ltd. .. .. Appellant v/s. Asst. Commissioner of Income Tax .. Respondent Mr.R.V. Desai,Sr.Advocate with Mr.Ajay R. Singh for Appellant. Mr.Suresh Kumar for Respondent. ----- CORAM : J.P. DEVADHAR & SMT.ROSHAN DALVI, JJ. DATED : 21st March 2011 P.C. : 1. Heard. 2. Admit on the following question of law:- "Whether on the facts and in the circumstances of the case the Tribunal was justified in confirming the disallowance of expenses of Rs. 50,00,000/- u/s 37, without considering and appreciating the details filed on record?" 3. In the Assessment Year 2003-2004, the Assessing Officer made disallowance of Rs.50,00,000/- being the expenditure claimed as allowable deduction by the assessee. In the Appeal before the C.I.T.(A), the assessee produced several 2 ITA-2264 documents as and by way of additional evidence in support of their contention that the expenditure of Rs.50,00,000/- is allowable expenditure. The C.I.T.(A) called for a remand report. The Assessing Officer did not object to the additional evidence being taken on record. Thereafter the C.I.T.(A), by his order dated 29th November 2007, confirmed the disallowance on the ground that there is no evidence to support the claim of the assessee. The I.T.A.T has confirmed the order of the C.I.T.(A). 4. In the present case, admittedly, the assessee has produced additional evidence before C.I.T.(A) which were also annexed to the compilation filed before the I.T.A.T. Neither the C.I.T.(A) nor the I.T.A.T. have considered those additional evidence brought on record. 5. In this view of the matter, we set aside the orders passed by the Authorities below in so far as they relate to the disallowance of expenditure amounting to Rs.50,00,000/- and restore the matter to the file of the Assessing Officer to consider the matter afresh in the light of the additional evidence produced by the assessee and pass appropriate order in accordance with law. 6. The Appeal is disposed of in the above terms. No costs. (ROSHAN DALVI, J.) (J.P. DEVADHAR,J.)