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TMI Blog2014 (12) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue. - Tax Case (Appeal) No. 928 of 2014 - - - Dated:- 1-12-2014 - R. Sudhakar And R. Karuppiah,JJ. For the Appellant : Mrs. Hema Muralikrishnan Standing Counsel for Income Tax ORDER (Delivered by R. Sudhakar,J.) This Tax Case (Appeal) is filed by the Revenue as against the order of the Income Tax Appellate Tribunal raising the following substantial questions of law: 1. Whether on the facts and in the circumstances of the case, the Tribunal was right in entertaining Additional grounds on a issue which was not adjudicated before the CIT(A) especially when Section 253(1) clearly stipulates that appeal may be filed against the order of the lower authorities on those issues which is not the case on hand? 2. Is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case relates to the assessment year 2002-03. The assessee is a Scheduled Bank under the Banking Regulation Act, 1949. For the assessment year 2002-03, the assessee filed return of income declaring total loss of ₹ 256,09,26,436/-. The Assessing Officer completed the regular assessment determining book profit at ₹ 171,77,15,332/- under Section 115JB and demanded a sum of ₹ 18,16,46,321/-. Subsequently, the assessment was reopened under Section 147 of the Income Tax Act by issuing notice under Section 148 to the assessee to charge to tax and interest accrued but not due on securities as also excess relief granted while deducting unabsorbed depreciation. Aggrieved by the order of reassessment, the assessee filed an appeal be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under this rule: Provided that the Tribunal shall not rest its decision on any other ground unless the party who may be affected thereby has had a sufficient opportunity of being heard on that ground. 7. The above-said provision makes it clear that the assessee has the right to raise additional grounds and if the same is beneficial to the assessee, the same should be considered by the Tribunal. It is also seen from the order of the Tribunal that the very same issue, raised as additional grounds, has already been considered by the Tribunal in respect of the assessee's own case. Hence, as per the above-said provision, when the additional grounds is beneficial to the assessee, the Tribunal is right in allowing the same. 8. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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