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2007 (6) TMI 522 - BOMBAY HIGH COURTPowers to receive new/additional evidence for deciding the issue in terms of Rule 46A(4) - allowing additional evidence to be produce before CIT(A) for the first time - Addition u/s 68 of unexplained investment - failed to establish the genuineness of the loan transaction and creditors - HELD THAT:- In our opinion, there is no merit in this contention because Rule 46A(4) provides that notwithstanding Rule 46A(1), the appellate authority can permit production of documents which enable him to dispose of the appeal. In the facts of the case, the finding given by the Tribunal is that the documents produced were necessary for disposal of the appeal on merits and no question of law arises from such finding of fact recorded by the Tribunal. Additional evidence permitted to be adduced, the Tribunal had deleted this addition and remanded the matter for fresh consideration. It is admitted by counsel on both sides that on remand the addition has been deleted by the lower authorities and the Revenue is in appeal before the Tribunal. Thus the dispute regarding deletion in the present appeal does not survive. As the assessee has established that no loan is taken from Mr. Dandekar and in fact the assessee is liable to pay, Mr. Dandekar, the Tribunal was justified in deleting the said addition. Similarly, the assessee has established that the amount has in fact been paid towards stamp duty charges and, therefore, deletion of the said amount cannot be faulted. Thus, we do not find any merit in the appeal and the same is hereby dismissed.
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