2008 (2) TMI 340

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....as delivered by SATISH KUMAR MITTAL, J. - The instant appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') is directed against the order dated 3.11.2006 passed by the Income Tax Appellate Tribunal, Delhi Bench 'E' Delhi (hereinafter referred to as 'the ITAT") in ITA No. 4878 (Del) 2004 in case of the respondent for the Assessment Year....

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....ans shown in the names of M/s TATA Finance Co., and M/s Super Travels by entertaining additional evidence, which was not produced before the Assessing Officer during the assessment proceedings contrary to the provisions of Rule 46A of the Income Tax Rules? (iv)Whether on the facts and circumstances of the case, the order passed by the learned ITAT dated 3.11.2006 is perverse as the findings rec....

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.... dated 14.9.2004, while deleting the said additions came to the conclusion that the documents relating to the loan were produced by the assessee before the Assessing Officer during rectification proceedings, but the same were not considered on the ground that there is no mistake apparent on the record. Against the said order, the revenue filed appeal before the ITAT, raising the following grounds ....

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....aining additional evidence which was not produced before the Assessing Officer during the assessment proceedings contrary to the provisions of Rule 46A of the Income Tax Rules. 3. Regarding ground No.1, the ITAT has affirmed the order of CIT (A) while observing that the creditors were produced and their statements were recorded and in their statements, the creditors have confirmed having advanc....