2007 (1) TMI 125

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....aring on behalf of the appellant, and Dr. A. K. Saraf, learned counsel for the respondent. The appeal was admitted for hearing on the following substantial questions of law "1. Whether, on the facts and circumstances of the case, the Tribunal was justified and correct in law in holding that the Commissioner of Income-tax (Appeals) did not violate the provisions of rule 46A of the Income-tax ....

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....hri Parimal Kanti Chanda, hereinafter referred to as the assessee, filed his return of income for the assessment year 1998-99 and during the course of hearing, the assessee made certain disclosures as provided under the law and brought in another ten numbers of bank accounts. The Assessing Officer, however, took the view that there are two other bank accounts-one in the name of Mr. P. Sangmong and....

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....ce was in accordance with law. The Tribunal also considered the merits of the matter and dismissed the appeal filed by the Revenue and hence, the present appeal. Section 250 of the Income-tax Act, provides for the procedure for hearing of appeal and it provides, inter alia, that during the course of hearing of the appeal, the appellate authority may make further inquiry as it deems fit and allo....

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....rify the additional evidence; but no objection was filed and thereafter, the judgment was delivered by the appellate authority and adducing of additional evidence was allowed to do substantial justice in the matter and not to thwart the evidence at the initial stage so as not to prejudice either party. Mr. U. Bhuyan, learned counsel for the Revenue was fair enough to submit that although the Re....