1998-VIL-39-SC-DT

Supreme Court of India

Civil Appeal Nos. 5185 of 1998 Civil Appeal Nos. 5186 of 1998 Civil Appeal Nos. 5187 of 1998 Civil Appeal Nos. 5188 of 1998

Date: 16.10.1998

JYOTSNA SURI

Vs

INCOME TAX APPELLATE TRIBUNAL & ORS.

BENCH

SUJATA V. MANOHAR and G. B. PATTANAIK JJ.

JUDGMENT

By the Court-Special leave granted.

2. The Tribunal has disposed of the appeal by its order of 3rd Jan., 1997, without considering the pending application under r. 29 of the ITAT Rules, 1963, for adducing additional evidence. Obviously, that application was required to be disposed of first before the Tribunal heard the appeal on merits. The appellant also undertakes to withdraw the pending application before the Tribunal for making a reference under s. 256(1) of the IT Act for the above purpose. In view thereof, we direct that the Tribunal should first dispose of the application under r. 29 on merits and thereafter proceed to dispose of the appeal on merits. The order dt. 3rd Jan., 1997, is, therefore, set aside and the matter is remitted to the Tribunal for disposal on merit in accordance with law. The order of the High Court is set aside as above and the appeal is disposed of accordingly.

 

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