1994 (11) TMI 39

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....t the time of hearing of the appeal as per rule 29 of the Appellate Tribunal Rules?" The assessee is an individual. She was assessed by the Income-tax Officer for the assessment year 1978-79 under section 143(3) of the Income-tax Act, 1961 ("the Act"). During the previous year relevant to the assessment year 1978-79, the assessee declared 21 high denomination notes of Rs. 1,000 each totalling Rs. 21,000. It was contended by the assessee before the Income-tax Officer that she withdrew the amount from her account with the Dena Bank from time to time and exchanged smaller notes into high denomination notes through her family friend, Shri Prem Harchandrai, Bombay, whose address was given to the Income-tax Officer at the time of hearing. The ....

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....he appeal before it on the ground that it required investigation into facts and giving of further opportunity to the assessee. The Tribunal, therefore, refused to admit the additional evidence produced by the Revenue at that stage and considered the appeal of the Revenue on the merits and upheld the order of the Appellate Assistant Commissioner and rejected the appeal of the Revenue. Aggrieved by the refusal of the Tribunal to admit the additional evidence sought to be produced by the Revenue at the stage of hearing of the appeal, the Revenue has come to us by way of reference of the question of law set out above for our opinion. Rule 29 of the Income-tax Appellate Tribunal deals with production of additional evidence before the Tribu....

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....on of any other document at the stage of final hearing, as in its opinion, orders could be passed in the case before it on the basis of the material on record. In such a situation, no fault can be found with the order of the Tribunal refusing to admit the additional evidence sought to be produced by the Revenue before it at the time of hearing of the appeal. Learned counsel for the Revenue submits that if a party wants to produce additional evidence, the Tribunal should not refuse to admit the same. According to learned counsel, discretion is vested with the Tribunal in the matter, which should be exercised judiciously. We have considered the above submission. We, however, find it difficult to accept the same because, as observed earl....