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Issues involved: Appeal u/s 260A of the IT Act, 1961 for the year 1982-83 challenging addition of undisclosed income, refusal to permit addition of ground challenging the addition, interpretation of Section 250(5) of the IT Act by the first appellate authority.
Summary: Issue 1: Addition of undisclosed income An assessment order was passed against the appellant adding a sum as undisclosed income. The appellant sought to challenge this addition, stating that the amount was added in the hands of his wife by the Department and was wrongly added to his income. The Tribunal directed the CIT(A) to decide whether raising the additional ground was permissible, but the CIT(A) refused due to delay. The Tribunal confirmed this refusal. The High Court framed a question on whether the Tribunal was justified in confirming the refusal. Issue 2: Interpretation of Section 250(5) of the IT Act Section 250(5) allows the first appellate authority to permit the appellant to raise additional grounds during the appeal if the omission was not wilful or unreasonable. The appellant argued that there was no wilful omission and the application was filed before the hearing. The Department supported the Tribunal's decision. The High Court found that the CIT(A) did not find wilful omission or unreasonableness, and the delay was the only reason cited. The Court emphasized that the authority should have considered the change in circumstances and allowed the additional ground to be raised. The High Court held that the Tribunal erred in confirming the refusal to entertain the application for the additional ground challenging the addition of undisclosed income. The orders of the first appellate authority and the Tribunal were set aside, and the matter was remanded to the first appellate authority for a decision on merits considering the additional ground.
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