First miscellaneous application filed by assessee on ground that entire on-money claimed to be received by it did not represent its income and reasonable expenses were to be deducted from same was dismissed and said order was sought to be recalled by assessee by filing second miscellaneous application which was disposed of in chambers without hearing assessee and without assigning reasons. On writ the Court held that the  Tribunal is a last fact finding authority and it is obliged to consider appeal on facts and law and aggrieved parties before Tribunal must get an opportunity to demonstrate that findings of Assessing Officer even if confirmed by First Appellate Authority, are indeed erroneous both on facts and law and that such an opportunity ought to be extended and no technicalities should come in way of a proper and complete adjudication of contested issues  therefore, Tribunal was unjustified in rejecting second miscellaneous application filed by assessee. On facts of the case instead of sending back the matter to the Tribunal  the Court directed  the assessee to pay Rs 3,25,0000 lakhs as additional  tax in respect of on  money. (AY. 1989-90 to 1993-94)