Allowing the appeal of the revenue the Tribunal held that, CIT (A) deleted addition made under S. 68 by accepting fresh evidence submitted by assessee without providing Assessing Officer a reasonable opportunity of examining said evidence and rebutting it, there being violation of sub-rule (3) of Rule 46A of ITR 1962, order is set aside. (AY.2010-11)
DCIT v. Genex Industries Ltd. (2019) 178 ITD 855 (Chd.)(Trib.)
S. 251 : Appeal-Commissioner (Appeals)–Powers–Additional evidence–Cash credits–Share application money-Deletion of addition accepting fresh evidence, without giving an opportunity to the AO– Violation of Rule 46A(3) is liable to be set aside. [S. 68, 254(1), R.46A]