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2014 (7) TMI 292 - AT - Income TaxAdmission of additional evidence - Claim of deduction u/s 54F - Transfer of tenancy rights – Income from other sources or capital gain – Held that:- The language of rule 29 of the Income-tax (Appellate Tribunal) Rules, 1963, prohibits the parties to produce additional evidence - It is only when the Tribunal requires such additional evidence in the form of any document or affidavit or examination of a witness or through a witness that it can call for the same or direct any affidavit to be filed - once it is found that the party intending to lead evidence before the Tribunal for the first time was prevented by sufficient cause from leading such an evidence and that this evidence would have a material bearing on the issue which needs to be decided by the Tribunal and the ends of justice demand admission of such an evidence, the Tribunal can pass an order to that effect - necessary details came in to his possession after the assessment order and the order of the FAA were passed - the assessee was prevented by sufficient cause for not adducing the evidences before the departmental authorities by a reasonable cause – thus, additional evidences produced by the assessee are admitted - the evidences will have direct bearing on the issue to be decided – thus, the matter is liable to be remitted back to the AO for fresh adjudication – Decided partly in favour of Assessee.
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