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TMI Blog2014 (9) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... eir claim along with necessary documents – Decided in favour of assessee. - ITA 261/2002 - - - Dated:- 18-9-2014 - Sanjiv Khanna And V. Kameswar Rao,JJ. For the Appellant : Mr. P. N. Monga, Advocate with Mr. Manu Monga, Advocate. For the Respondent : Mr. N.P. Sahni, Sr. Standing Counsel with Mr. Nitin Gulati, Advocate. ORDER Sanjiv Khanna, J. (Oral) This appeal by the assessee, which relates to assessment year 1993-94, was admitted for hearing vide order dated 7th October, 2002, on the following substantial question of law:- Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in rejecting the claim of the assessee for higher deduction under Section 80-HHC of the Income T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods, different formulas have to be applied for computing deduction under Section 80HHC of the Act. Along with the said letter, the appellant-assessee had filed revised report of the Chartered Accountant under Sections 80HHC(4) and 80HCC(4A) of the Act. 5. The Assessing Officer did not examine the merits of the claim and held that the revised computation submitted with the letter cannot be taken into consideration as time for filing of a revised return under Section 139(5) had lapsed on 31st March, 1995. As noted above, the letter written by the appellant-assessee revising the claim under Section 80HHC was dated 25th April, 1995. 6. The aforesaid view has found favour with the Commissioner of Income Tax (Appeals) as well as the Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich the original authority may have in deciding the question before it subject to the restrictions or limitations, if any, prescribed by the statutory provisions. In the absence of any statutory provision, the appellate authority is vested with all the plenary powers which the subordinate authority may have in the matter. There is no good reason to justify curtailment of the power of the Appellate Assistant Commissioner in entertaining an additional ground raised by the assessed in seeking modification of the order of assessment passed by the Income Tax Officer. This Court further observed that there may be several factors justifying the raising of a new plea in an appeal and each case has to be considered on its own facts. The Appellate A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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