Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
CIT(A) accepts additional Evidence on LTCG without complying with Rule 46A: ITAT Remands to AO for Verification
The Income Tax Appellate Tribunal (ITAT) remanded a case to the Assessing Officer (AO) for verification after the Commissioner of Income Tax (Appeals) [CIT(A)] accepted additional evidence on long-term capital gains (LTCG) without complying with Rule 46A. The case involved an assessee who had submitted additional evidence to support their LTCG claim, which the CIT(A) accepted without giving the AO an opportunity to examine it. The ITAT found that this violated the principles of natural justice and procedural fairness. The Tribunal directed the AO to re-examine the evidence and make a fresh assessment. This ruling highlights the importance of adhering to procedural rules in tax assessments and ensuring that all parties have a fair opportunity to present and examine evidence.