| Question And Answer | |
|---|---|
| Subject: | CAN ADDITIONAL EVIDENCE UNDER RULE 46A BE ADMITTED BY APPELLATE AUTHORITY WHEN THE ASSESSEE WAS NOT ABLE TO FURNISH THE SAME DURING ASSESSMENT STAGE? |
| Category: | Income-Tax |
| Querist: | KARAN SHAH |
| Answered by: | Research Team |
| Tags: | Additional Evidence, Rule 46A |
| Date: | May 22, 2021 |
The assessee during the course of assessment proceeding, even after granting sufficient opportunity by AO was not able to furnish confirmation, bank statement and ITR of depositors from whom unsecured loan was obtained. Accordingly the AO made the addition.
Now the assessee before the CIT(A) has made available and produced all the documentary evidences (as above) to substantiate the unsecured loan was genuine.
On what grounds, legal arguments and judgements, the appellant should raise in order that the CIT(A) admits the additional evidence now.
The assessee should make an application for admitting additional evidence as per Rule 46A of the Income -tax Rules , 1962 . The assessee should provide detailed reason why the additional evidence could not be filed . It is desirable to file the affidavit in support of application . If evidence produced by assessee is genuine , reliable and proves assesee’s case then assessee should not be denied opportunity of it being produced for the first time before the Appellate Authority . Refer CIT v. Suretech Hospital and Research Centre Ltd. (2007) 293 ITR 53 (Bom.)(HC) Prabhavati S. Shah (Smt.) v. CIT (1998) 231 ITR 1 (Bom.)(HC), Jagannath Prasad Kanhaiya Lal v. CIT (1988) 171 ITR 596 (All))(HC), CIT v. Gani Bhai Wanab Bhai (1998) 232 ITR 900 (MP)(HC), Deep Chand Kothari v. CIT (1988)171 ITR 381 (Raj.)(HC), Controller of Estate Duty v.. Narasamma (1980) 125 ITR 196 (AP)(HC), Abhay Kumar Shroff v. ITO (1997) 63 ITD 144 (TM) (Patna) (Trib.)