2019 (12) TMI 382

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....ollowing substantial questions of law : "(i) Whether on the facts and in the circumstances of the case the ITAT was justified in holding that the said amount of Rs. 80 lakhs is deemed to be unexplained expenditure under proviso, to section 69C, of the IT Act, without considering the evidence/ material placed on record by the assessee, justifying that the said amount was expended by assessee from bank account ? (ii) Whether the ITAT has exceeded its jurisdiction by treating the said amount of Rs. 80 lakhs under Section 69-C of the Act, when it was not the case spelt out by the assessing officer in show-cause notice issued under Section 147 read with Section 148 of the Act ?" 3. After having heard the learned Counsel for ....

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....sidered. In particular, there is no discussion on whether such material could be admitted in evidence at the appellate stage or not and thereafter considered. Looking to the proviso of Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963, we are satisfied that the aforesaid substantial question of law is indeed involved in this matter and is required to be decided. Further, we are satisfied that if the aforesaid substantial question of law, which we have now framed, is decided in favour of the appellant and against the revenue, then, the matter will have to be remanded to the ITAT and there will be no occasion to decide the two substantial questions of law framed at the time of admission of this appeal.   6. Ms. Linhares, the ....

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.... to be produced at the appellate stage. However, consideration of this application was required and since the same has not been done, the impugned judgment and order of the ITAT is required to be set aside and the matter remanded to the ITAT for consideration of the appellant's application seeking leave to produce additional evidence before the ITAT. 9. In the aforesaid regard, reference is required to be made to the provisions in Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963, which reads as follows :   "Rule 29 - The parties to the appeal shall not be entitled to produce additional evidence either oral or documentary before the Tribunal, but if the Tribunal requires any document to be produced or any witne....