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2021 (1) TMI 951 - ITAT PANAJIDeemed unexplained expenditure u/s 69C - admission of additional evidence - HELD THAT:- In the appeal before the Tribunal, the assessee has produced on record certain documents by its application dated 3rd May, 2011 and those documents inter alia includes reference to certain cheques which explains the source of the amount and the source of expenditure. Along with the application, even agreement dated 30th March, 2004 was produced. In the case of M/s. Braganza Construction Pvt. Ltd [2019 (12) TMI 382 - BOMBAY HIGH COURT] has observed that the Tribunal in the first round of appeal before it has not considered the application by the assessee for admitting those evidences and also there is no discussion whether such materials/evidences could be admitted as evidence at the appellate stage or not. Taking the proviso of Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963, the Hon'ble High Court was satisfied that substantial question of law was involved in this matter and hence, the matter was admitted. As both the parties agreed that in conformity with the procedure of law laid down in the Act for admission of additional evidences, the matter may be restored to the file of the Assessing Officer and the assessee may be directed to produce all the necessary documents/evidences before him in order to represent his case on merits. Having heard the parties herein, we are of the considered view that in the due process of natural justice, the additional evidences placed on record before the Tribunal should have to be always verified by the Sub-ordinate Authorities, more particularly, by the Assessing Officer and his submissions are also to be brought on record while admission of the same - Appeal of the Revenue is allowed for statistical purposes.
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