RASIKLAL M. PARIKH Vs. ASSISTANT COMMISSIONER OF INCOME TAX
LAWS(BOM)-2017-3-229
HIGH COURT OF BOMBAY
Decided on March 10,2017

Rasiklal M. Parikh Appellant
VERSUS
ASSISTANT COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

A.K.MENON, J. - (1.) This appeal under Section 260A of the Income Tax Act, 1961(the Act) assails the order dated 31st October, 2012 passed by the Income Tax Appellate Tribunal (Tribunal). The impugned order relates to Assessment Year 2006-07.
(2.) This appeal was admitted on 28th January, 2015 on the following substantial questions of law:- "(A) Whether on the facts and in the circumstances of the case and in law, the Tribunal grossly erred in not, at the outset, deciding the application for admission of additional evidence filed under Rule 29 of the Income Tax Appellate Tribunal Rules, 1963 read with the additional evidence paper book before proceeding to pass an order on the merits of the controversies involved in the appeal? (B) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in approving the denial of exemption under Section 54F? (C) Whether the Tribunal infringed the principles of natural justice in not providing an opportunity to the Appellant to rebut the detrimental conclusions inferred by the Tribunal based on the additional evidences adduced by the appellant and the Circular No. 495 dated 22nd September, 1987, (1987) 168 ITR (St.) 87?"
(3.) Vide order dated 28th January, 2015 the Court expedited the hearing of the appeal in view of the appellant being 86 years of age. Thereafter by consent of parties the appeal has been taken up for hearing on 18th November, 2016 by consent of parties. After the admission of the appeal the appellant took out Chamber Summons No.335 of 2015 proposing certain amendments. Initially the Chamber Summons was adjourned to the hearing of the appeal. However, since the appellant sought to rely upon the contents of the proposed amendment, we thought it fit to hear Chamber Summons in the first instance. Accordingly vide order dated 12th January, 2017 we held that the amendment sought is impermissible and the Chamber Summons came to be dismissed. The appeal has since been taken up for hearing.;


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