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2009 (11) TMI 72 - HC - Income TaxAdditional Evidence - Deduction of future expenditure – production of additional evidence under rule 46A - additions of Rs. 20,21,710/- by including the provision for future expenses in the value of the work in progress as on 31.03.2003 - The assessee is a builder. In the course of assessment the Assessing Officer made addition to the declared income on the basis of the valuation of the work in progress. CIT (A) upheld the valuation of the assessee. The CIT (A) took into account affidavit filed before it by the assessee reiterating its stand. The view taken by the CIT (A) was upheld by the Tribunal, rejecting the contention that additional affidavit could not be taken into account, as doing so would violate Rule 46A of the Income Tax Rule 1962. – held that - It is clear that the affidavit filed by the assessee was mere reiteration of the contention raised before the Assessing Officer. Rule 46A applies when there is additional evidence and not when there is affidavit reiterating the submissions.
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