9911796707
TMI Blog2013 (10) TMI 1021X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER By this application an appellant in an appeal under Section 260A of the Income Tax Act, 1961, prays for taking into consideration the documents being Annexures "A" and "B" to this application as additional evidence for the purpose of disposal of the appeal. In the appeal, the question that arises for determination is whether the learned Tribunal below committed substantial error of law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bank of India has informed that the provisions of the DGFT Circular No.60/97-2002 dated 24th December, 1998, regarding treatment of amount received in rupees by a Hotel Company out of repatriable funds, would also apply under FEMA Regulations. Mr. Bajoria, learned Senior Counsel appearing on behalf of the appellant, submits that for the purpose of deciding the question of applicability of Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel appearing on behalf of the Revenue, has vehemently opposed this application contending that this application is a mala fide one and should not be entertained after lapse of more than seven years from the date of passing of the order of the Tribunal and more than 13 years from the date of assessment. Mr. Shome submits that the conditions mentioned in Order 41 Rule 27 are not satisfi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rebutting the genuineness of those documents or the facts contained therein. For the above purpose, let the matter appear after fortnight to enable the Revenue to give evidence in rebuttal. Such evidence must be filed supported by affidavit within the aforesaid period. The application is, thus, disposed of. Since the application for additional evidence has been disposed of without any affidavit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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