Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Rule 46A permits additional evidence before the first appellate authority only in the specified circumstances, and the permission must be supported by a written, reasoned order; the Assessing Officer must also be given a mandatory opportunity to examine and rebut that evidence in compliance with audi alteram partem. Here, no reasons were recorded for admitting the additional evidence and no material showed that the Assessing Officer was afforded any real opportunity to rebut it. The Tribunal therefore erred in sustaining the Commissioner (Appeals)' order. The Tribunal and Commissioner (Appeals) orders were set aside, and the matter was remanded for a fresh speaking order on admission of additional evidence and, if admitted, an opportunity to the Assessing Officer to rebut it.
Rule 46A permits additional evidence before the first appellate authority only in the specified circumstances, and the permission must be supported by a written, reasoned order; the Assessing Officer must also be given a mandatory opportunity to examine and rebut that evidence in compliance with audi alteram partem. Here, no reasons were recorded for admitting the additional evidence and no material showed that the Assessing Officer was afforded any real opportunity to rebut it. The Tribunal therefore erred in sustaining the Commissioner (Appeals)' order. The Tribunal and Commissioner (Appeals) orders were set aside, and the matter was remanded for a fresh speaking order on admission of additional evidence and, if admitted, an opportunity to the Assessing Officer to rebut it.
Note: It is a system-generated summary and is for quick reference only.