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The Tax Publishers Avan Gidwani v. Asstt. CIT [ITA No. 5138/Mum/2015, dt. 6-4-2016] : 2016 TaxPub(DT) 2174 (Mum-Trib) Admissibility of additional evidence under rule 46A *Facts:* Assessee was found to be the beneficial owner, setttler of a HSBC account Geneva and thus addition was made for INR 10.06 crores. The incriminating evidence which formed the basis of the addition was not shared with the assessee to controvert the same but was shared only on recording at the time of hearing. Thus assessee could not collect or submit any evidences against the addition. Subsequently evidences were produced to the Commissioner (Appeals) who refused to accept the additional evidence under section 46A. Aggrieved the assessee went in appeal on ground that they were denied even the basic requirement of audi alteram partem on principles of natural justice and the additional evidences need to be accepted and restored afresh. Held in favour of the assessee that the additional evidences be admitted and case reheard with remand report if any called from the assessing officer.

The Tax Publishers

Avan Gidwani v. Asstt. CIT [ITA No. 5138/Mum/2015, dt. 6-4-2016] : 2016 TaxPub(DT) 2174 (Mum-Trib)

Admissibility of additional evidence under rule 46A

Facts:

Assessee was found to be the beneficial owner, setttler of a HSBC account Geneva and thus addition was made for INR 10.06 crores. The incriminating evidence which formed the basis of the addition was not shared with the assessee to controvert the same but was shared only on recording at the time of hearing. Thus assessee could not collect or submit any evidences against the addition. Subsequently evidences were produced to the Commissioner (Appeals) who refused to accept the additional evidence under section 46A. Aggrieved the assessee went in appeal on ground that they were denied even the basic requirement of audi alteram partem on principles of natural justice and the additional evidences need to be accepted and restored afresh.

Held in favour of the assessee that the additional evidences be admitted and case reheard with remand report if any called from the assessing officer.