TMI Blog2013 (4) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... r Rule 29 of the ITAT Rules and not as an additional evidence thus there is mistake in the order of the Tribunal - Held that:- Tribunal has decided the issue on various counts and non-admission of the evidence in the form of bank's letter filed by the the assessee, did not clinch the issue against the assessee. That being the case, even admission of the said letter, would not have made any change to the conclusion arrived at by the Tribunal. Therefore, there is no mistake apparent from record in the order of the Tribunal in its decision on this issue. In any event, the decisions/observations of the Tribunal to treat the letter of the Andhra Bank filed by the assessee as additional evidence, not to admit the said additional evidence and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of 'Shri P.V.Ramchandra Rao' against 'Assessees by' in the appearances part of the cause-title of the order of the tribunal dated 14.12.2012. We order accordingly. 3. It is further mentioned that at the time of hearing, the learned Departmental Representative brought to the notice of the Bench, the relevant para of the order of the CIT(A) wherein a mention was made about the property against which advances were drawn from the company, where construction took place, by mortgaging the building and availing the credit facilities form the bank, but pointed out that from the list of documents appearing in the sanction letter issued by the bank does not have the details relating to the said property and hence contended that the advances are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal, stating that there is no mistake apparent from record, as pointed out by the assessees in the present petitions. 5. We heard both sides and perused the order of this Tribunal dated 14.12.2012, in the light of various averments made in the present application. On careful consideration of the matter and on due verification of the material record, we find that no specific direction has been given by the Tribunal to the assessees to furnish relevant evidence to substantiate its claim that the property in question was mortgaged in favour of the Andhra Bank. It may be that the assessee has filed the letter of the bank dated 27.9.2012 of the Bank, on his own, to counter the contentions of the learned Departmental Representative before the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it has to be interpreted strictly in accordance with the spirit of the language contained therein. As we have already reiterated hereinabove, the payments made by the company towards advances to the assessee fulfils all the characteristics of 'dividend' as envisaged in S.2(22)(e) of the Act. In the aforesaid circumstances, there acnn0t be any other conclusion excepting to consider the advances given by the company to the assessees as deemed dividend at the hands of the assessee. The case-law relied upon by the learned Departmental Representative also supports this view." 6. Thus, the Tribunal has decided the issue on various counts and non-admission of the evidence in the form of bank's letter filed by the learned counsel for the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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