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HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, Sanjay Kumar Jaiswal, JJ
Shrivastava Associates – Appellant
Versus
Income Tax Officer, Ward-3(1), Raipur, Chhattisgarh – Respondent
Order :
(Sanjay K. Agrawal, J.)
1. The present appeal preferred under Section 260A of the Income Tax Act, 1961 (for short, ‘the IT Act’) has been admitted for final hearing by formulating the following two substantial questions of law:-
“A. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in upholding the addition of Rs. 29,64,532/- by recording a finding which is perverse to the record?
B. Whether the ITAT was justified in declining the application for admission of additional evidence filed by the appellant under Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963 , by recording a finding which is perverse to the record?”
2. In order to answer the aforesaid questions of law, following facts are required to be noticed: -
3. The appellant / assessee firm, a builder / contractor, had e-filed its return of income for the assessment year 2016-17 on 21-2-2017 declaring an income of Rs.97,270/-. The case of the appellant / assessee firm was selected for scrutiny assessment through CASS (Computer Assisted Scrutiny Selection) for verifying the high amount of cash-in-hand shown in its balance sheet filed with the return of income fi
The appellate tribunal must allow additional evidence if deemed necessary for just disposal, and failure to record specific findings on such necessity constitutes legal error.
The Income Tax Appellate Tribunal exceeded its jurisdiction by allowing revenue to submit additional evidence without a proper basis under Rule 29, which prohibits parties from independently introduc....
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