Whether when no application for additional evidence is made, ITAT should even then consider the additional evidence while deciding the appeal?

Dinesh B Parikh Vs CIT (Calcutta High Court)- Admission of Additional Evidence- Whether when no application for additional evidence is made, ITAT should even then consider the additional evidence while deciding the appeal– Whether when the assessee has accepted undisclosed investment during the search proceedings, addition cannot be deleted when the explanation offered subsequently is not sufficient to rebut the earlier statement. – Assessee’s appeal dismissed.

I.T.A. No. 324 of 2003

Calcutta High Court

Judgement on: August 2, 2011.

Bhaskar Bhattacharya, J.:

This appeal under Section 260A of the Income-tax (“Act”) is at the instance of an assessee and is directed against an order dated July 7, 2003 passed by the Income-tax Appellate Tribunal, “C” Bench, Kolkata, in Income-tax Appeal bearing ITA (SS) No.5(Cal) of 2001 for the block period comprising the Assessment Years 1987-88 to 1997-98 and thereby dismissing the appeal filed by the appellant.

Being dissatisfied, the assessee has come up with the present appeal.

The facts giving rise to filing of this appeal may be summed up thus:

a) The appellant is assessed to tax under the Income-tax Act, and the present appeal arises out of the appellant’s block assessment under the Act comprising the Assessment Years 1987-88 to 1997-98.