Reasonable opportunity and additional evidence led to de novo assessment on remand for fresh determination.

Where relevant material was not placed before the Assessing Officer due to limited time and the assessee sought admission of additional evidence, the Tribunal held that a proper opportunity should be given to file supporting documents. It remitted the matter for de novo assessment after due hearing and consideration of the evidence on record. The substantive additions were not finally adjudicated and the dispute was sent back for fresh determination.

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Issues: Whether the appeal should be restored for de novo assessment on the ground that the assessee was not given a reasonable opportunity and additional evidence required consideration.

Analysis: The assessee's plea was that relevant materials could not be produced before the Assessing Officer because of paucity of time and bona fide belief, and that the additional evidence filed before the first appellate authority ought to have been admitted, particularly when a remand report was called for. The Tribunal found that the assessee should be afforded a proper opportunity to place all supporting evidence on record and that the assessment should be reconsidered afresh after such opportunity.

Conclusion: The matter was remitted to the Assessing Officer for de novo assessment after granting reasonable opportunity and considering the evidence on record.

Final Conclusion: The substantive additions were not finally adjudicated and the controversy was sent back for fresh determination.

Ratio Decidendi: Where material evidence has not been properly considered and a reasonable opportunity has not been afforded, the assessment may be set aside and remitted for fresh adjudication after due hearing.

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