2017 (7) TMI 869

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..... present appeal pertains to Assessment Year 2008-09. 2] Mr.Tejveer Singh, the learned counsel for the Appellant states that the appeal involves following substantial question of law; "(a) On the facts and in the circumstances of the case and in law, the Tribunal was not justified in holding that the CIT (Appeals) could exclude the deemed Capital Gain Income of the Trust from its Total Income even .....

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..... e Respondent submits that the present issue is no longer resintegra and is covered in the judgment of this Court in case of Commissioner of Income Tax vs. Pruthvi Brokers and Shareholders P. Ltd., reported in [2012] 349 ITR 336, in which even the judgment of the Apex Court in case of Goetze India Limited (supra) was also considered. 5] We have considered the submissions. The genuineness of the tr .....

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..... efore the Appellate Authorities but is also entitled to raise additional claims. The Appellate Authorities have jurisdiction to deal with additional grounds, which were available when the return was filed. In the present case also the Revenue had not suggested that the omission was deliberate or malafide. Gloss been put by this Court in case of Pruthvi Brokers and Shareholders P. Ltd. (supra), whi .....

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