1988 (12) TMI 112 - HC - Income Tax

Summary

Issues involved:
The judgment involves a reference u/s 256(1) of the Income-tax Act, 1961 regarding the dismissal of a departmental appeal based on the application of rule 46A(1)(d) of the Income-tax Rules, 1962.

Application of Rule 46A(1)(d):
The Appellate Assistant Commissioner allowed the assessee to adduce further evidence under rule 46A(1)(d) as the Income-tax Officer had not provided an opportunity to the assessee to present evidence relevant to the grounds of appeal. The Tribunal upheld this decision, stating that the Appellate Assistant Commissioner was justified in allowing the evidence u/r 46A(1)(d) due to the lack of opportunity given by the Income-tax Officer.

Tribunal's Decision and Justification:
The Tribunal dismissed the departmental appeal, holding that the case fell within the purview of rule 46A(1)(d) of the Income-tax Rules, 1962. The Tribunal's decision was based on the finding that the Income-tax Officer did not allow the assessee to lead evidence before making the additions in question, thereby justifying the Appellate Assistant Commissioner's decision to permit additional evidence u/r 46A(1)(d).

Court's Opinion and Conclusion:
The High Court affirmed the Tribunal's decision, stating that the Tribunal was justified in dismissing the appeal as the case was covered by the provisions of rule 46A(1)(d) of the Income-tax Rules, 1962. The court answered the referred question in the affirmative, ruling against the Revenue. Each party was directed to bear their own costs in this reference.