New evidences obtained can be used only after proper opportunity of being heard is given to assessee

Brief Facts of the case- The Revenue is aggrieved by the order of the ITAT in several appeals preferred by the assessee for Assessment Years (AYs) 1999-2000 to 2004-05. The assessee (Swedish company) is a subsidiary of LME. It entered into a contract with Indian telecom service providers during 1995-97 for supply of telecommunication equipments which comprise hardware and software components. It claimed that it was not liable to tax under the provisions of Income Tax Act, 1961 read with relevant DTAA. For previous year i.e. 1997-98, the income from supply of equipments was held to be non taxa...