2003 (12) TMI 17

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..... y for using them "in their business on hire". - Even before the Tribunal it was never pleaded that the leased out trucks were not used in the business of hire. It is now too late in the day for the Revenue to raise such an issue for the first time in this appeal, which, having regard to the limited jurisdiction of this court under section 260A of the Act, cannot be permitted. - issue raised cannot .....

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..... f running them on hire. We are unable to agree with learned counsel. We find that before the first appellate authority it was specifically pleaded on behalf of the assessee that there was no difference in the use of trucks by the assessee as owner on hire or in giving the trucks to some other party for using them "in their business on hire". The first appellate authority has not commented advers .....

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