2016 (12) TMI 246

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....r Section 260A of the Income Tax Act, 1961 (the Act), challenges the order dated 30th October, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order relates to Assessment Year 2005-06. 2 The Revenue urges only the following question of law for our consideration: " Whether on the facts and in the circumstance of the case and in law, the Tribunal was justifi....

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....cation in appeal before the CIT(A) to bring on record additional/ new evidence. The additional evidence produced before the CIT(A) was, inter alia, in the form of confirmation letters from its lenders. The CIT(A) before admitting the same, called for a remand report and finally admitted the additional evidence. This, inter alia, on the ground that the RespondentAssessee was not given sufficient op....

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....rms of Rule 46A(1)(d) of the Income Tax Rules. Consequently, the Revenue's Appeal was dismissed. 6 The grievance of the Revenue is that the additional evidence ought not to have been admitted in the context of the remand report, which states that the necessary entires were available in the books of the Respondent-Assessee. 7 We find that the additional evidence was in the form of confirm....