TMI Blog1997 (9) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... ccount of low yield? 2. Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in entertaining fresh evidence in contravention of the provisions of r. 46A of the IT Rules, 1962, r/w rr. 29 and 30 of IT (Appellate Tribunal) Rules, 1963, while deleting the addition of Rs. 25,000 made by the AO on account of unexplained credit?" 2. Brief facts of the case are that the assessee is a registered firm. It derived income from the business of manufacture and sale of rice. It filed return of its income on 25th Aug., 1983 declaring an income of Rs. 59,822.00. Original assessment in this case was completed on 31st March, 1986 on an income of Rs. 2,33,770.00 under s. 143(3) of the Act. While completing the ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a fresh order on 23rd March, 1988. In pursuance of the directions given by the CIT in the order under s. 263, the AO completed the assessment. While completing the assessment, the AO made a further addition of Rs. 5,360 in respect of low yield on the ground that addition should have been made at the rate of Rs. 212.09 per quintal as against 204.30 applied at the time of original assessment. Addition of Rs. 25,390 on account of unexplained credit was retained in the fresh assessment as well. 5. On appeal by the assessee to the CIT(A), the CIT(A) confirmed the finding of the AO on the above two issues. The appellate authority felt that the assessee had not produced evidence justifying low yield. As regards addition of unexplained credits, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of argument that all this material which was used by the Tribunal ought not to have been taken into consideration for granting relief to the assessee. As per the order of the Tribunal, it appears that all the material was on record on the basis of which the Tribunal granted the relief to the assessee and deleted the various amounts, namely, Rs. 15,000 shown outstanding in the name of Gajanan Repairing Works, Rs. 10,000 outstanding in the name of Sohanlal Pandya and hence credits have been properly explained. Therefore, the Tribunal deleted addition of Rs. 25,000. The yield was 46 per cent. The Government certified that the paddy milled could be approximately 46 per cent and this was also available on record and as such, this addition was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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