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Issues involved: Cross appeals by assessee and Revenue against common order passed by Ld. CIT (A)-III, Ahmedabad for block period 1-4-1990 to 7-3-2001.
Summary: The assessee raised 25 grounds of appeal while the Revenue raised 17 grounds. The assessee filed an Additional Ground challenging the assessment completed without issuing notice u/s. 143(2) of the Income Tax Act, 1961. The Ld. AR argued that this Additional Ground is admissible based on the law laid down by the Apex Court in a specific case. The Ld. DR objected to the admission of the Additional Ground, citing the need for verification of facts. The Tribunal clarified that the order is limited to deciding the admission of the Additional Ground and not the original grounds raised in the appeals. Referring to a case involving National Thermal Power Co. Ltd., the Tribunal discussed the discretion of allowing new grounds to be raised by the Tribunal. It was emphasized that the Tribunal should consider questions of law arising from facts on record in the assessment proceedings. The Tribunal found that the fact of whether the AO issued notice u/s. 143(2) during block assessment is on record. The Additional Ground raised by the assessee was admitted, and the matter was remanded to the CIT (A) for detailed examination and decision, ensuring natural justice principles are followed. The cross appeals were decided based on the legal ground raised by the assessee in the Additional Ground. No opinion was expressed on the original grounds raised in the appeals. Both appeals were allowed for statistical purposes. *Order pronounced in Open Court on 13-01-2012.*
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