Rule 46A – Additional Evidences cannot be accepted without allowing AO a reasonable opportunity to examine and rebut the said evidences

Admittedly, learned CIT(A) admitted the fresh evidences but did not allow any opportunity to the Assessing Officer for examining those evidences or furnishing any evidence in rebuttal as required by sub-rule (3) of Rule 46A. Therefore, the order of learned CIT(A) is in violation of Rule 46A. In view of the above, we set aside the orders of authorities below and restore the matter to the file of the Assessing Officer. We direct the assessee to produce all the evidences before the Assessing Officer. The Assessing Officer is also directed to allow adequate opportunity to the assessee to produce all these evidences before him. The Assessing Officer will re-adjudicate the issue afresh after considering all the evidences as may be furnished by the assessee before him.

INCOME TAX APPELLATE TRIBUNAL,  NEW DELHI

ITA No. 3707/Del/2011

ITO Vs. Mrs. Anvita Abbi

Date of Decision: 20.09.2013

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