2007 (1) TMI 150

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..... dated October 29, 2004, passed by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, in I.T.A. No. 186/Chandi/1998 (annexure A-1), denying the appellant to raise an additional ground of appeal with regard to computation of correct depreciation and consequential taxable income. Notice of the appeal was issued and with the consent of the parties the appeal is taken up for final hear .....

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..... to allow or not allow a new ground to be raised. But where the Tribunal is only required to consider a question of law arising from the facts which are on record in the assessment proceeding we fail to see why such a question should not be allowed to be raised when it is necessary to consider that question in order to correctly assess the tax liability of an assessee." When the facts raised in t .....

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..... not been brought forward correctly from the preceding assessment year." In view of the above, the impugned order dated October 29, 2004, (annexure A-1) passed by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, is hereby set aside and the Tribunal is directed to deal with the aforementioned additional ground in accordance with law. The appeal stands disposed of in the above ter .....

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