2.6 In this scenario, the evidence in the shape of sale deed of land, certificate from bank regarding deposit of Rs.10 lacs as also the copies of the bank account have been filed before me in the appellate proceedings. The A.O. was given due opportunity to rebut the same but he has just replied that fresh evidence should not be admitted at the appellate stage. In fact there is specific provision in Rule 46A providing instances under which fresh evidence can be entertained. In my view, under the facts and circumstances of the case the sickness of the partner is valid reason for not producing the evidence during the assessment. The fact that the matter was taken up in the fag end of the limitation period is also relevant. Considering the totality of the circumstances, I admit the additional evidence filed by the appellant. Now considering the material on record the source of Rs.14 lacs stands duly explained by the sale deed of the agricultural land by the partner of the assessee firm who has received the sale price and contributed the additional capital by account payee cheques only which are duly reflected in the copy of bank account by the appellant.
