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Issues Involved:
1. Admission of Additional Grounds of Appeal 2. Relevance of Pure Questions of Law 3. Jurisdiction of the Tribunal 4. Compliance with Section 132 5. Procedural and Substantive Justice Detailed Analysis: 1. Admission of Additional Grounds of Appeal: The main issue was whether the assessee could raise additional grounds of appeal at this stage. The Tribunal considered the written submissions from both the assessee and the Departmental Representative. The assessee argued that additional grounds, being pure questions of law, should be admitted as they do not involve fresh facts and are merely an elaboration of ground No. 1 in the appeal. The Departmental Representative opposed this, stating that these grounds would require fresh investigation of facts not available on record. Upon thorough consideration, the Tribunal decided to admit the additional grounds. It was noted that the additional grounds were indeed an elaboration of ground No. 1, which challenged the legality of the assessment under section 158BC(c) for being in violation of legal provisions and principles of natural justice. 2. Relevance of Pure Questions of Law: The Tribunal acknowledged that an assessee is entitled to raise a pure question of law for the first time before the Tribunal, even if it was not raised before the ITO/AAC. This was supported by precedents such as Krishan Gopal Bhadra vs. ITO and Addl. CIT vs. East Coast Flour Mills (P) Ltd. The Tribunal emphasized that it has a statutory obligation to entertain and decide on such legal questions. 3. Jurisdiction of the Tribunal: The Tribunal discussed its jurisdiction extensively, citing various judicial pronouncements. It reiterated that the Tribunal has wide powers to entertain grounds of appeal, including new or additional grounds, as long as the affected party is given sufficient opportunity to be heard. This is derived from section 254 and Rule 11 of the Income-tax (Appellate Tribunal) Rules. The Tribunal rejected the narrow view that it could only consider issues arising out of the appeal before the CIT(A). 4. Compliance with Section 132: The Tribunal examined whether the additional grounds related to the compliance of various provisions under section 132 were covered in ground No. 1. It concluded that the assessment under section 158BC(c) is intrinsically linked to the validity of the search conducted under section 132. Therefore, any non-compliance with section 132 could render the assessment invalid. The Tribunal rejected the Departmental Representative's plea that facts relating to section 132 compliance were not on record and needed fresh investigation. 5. Procedural and Substantive Justice: The Tribunal emphasized the importance of substantive justice over technical considerations. It cited several judicial decisions, including National Thermal Power Co. Ltd. vs. CIT and Collector, Land Acquisition vs. Mst. Katiji & Ors., to support the view that the Tribunal should ensure correct assessment of tax liability, even if it involves admitting new grounds of appeal. The Tribunal also highlighted that the assessee had provided a sufficient reason for not raising the additional grounds earlier, which was the emergence of a relevant decision by a Third Member. Conclusion: The Tribunal allowed the assessee to raise the additional grounds of appeal, emphasizing the need for a justice-oriented approach and the broad jurisdiction of the Tribunal to consider all relevant legal questions and facts on record.
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