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Section 254 of the Income-tax Act, 1961 Ms. Suruchii Aggarwal for the Appellant. K.R. Manjani for the Respondent. JUDGMENT Manmohan, J. - The present two appeals have been filed under section 260A of the Income-tax Act, 1961 (for brevity "the Act") challenging the common judgment and order dated August 6, 2009 passed by the Income-tax Appellate Tribunal (in short "the Tribunal") in I. T. As Nos. 1480/Del/ 2008 and 799(Delhi)2009 for the assessment year 2005-06. 2. It is pertinent to mention that while the first appeal is a quantum appeal, the second is a penalty appeal. However, as both the appeals arise out of a single judgment, they are being disposed of by a common order. 3. Ms. Suruchii Aggarwal, learned counsel for the Revenue pointed out that the respondent-assessee had neither produced the relevant documents before the Assessing Officer (in short, "AO") nor had made any request under rule 46A of the Rules for admission of the said documents as additional evidence. Consequently, Ms. Aggarwal submitted that the Tribunal had erred in law in holding that the respondent-assessee had produced all the relevant documents before the Assessing Officer especially when the Assessing Officer in his assessment order had stated that though confirmation from the director had been filed but no copy of bank account and I. T. particulars had been furnished by the respondent-assessee before the Assessing Officer. 4. However, upon a perusal of the impugned order, we find that the final fact finding authority, namely, the Tribunal has found that the Commissioner of Income-tax (Appeals) (in short, "CIT(A)") had wrongly treated the papers filed by the respondent-assessee as new evidence…

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