2018 (6) TMI 1631

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..... ion of a company or a unit or the like - HELD THAT:- The assessee refers to a previous judgment NATIONAL THERMAL POWER COMPANY LIMITED VERSUS CIT [ 1996 (12) TMI 7 - SUPREME COURT] for the proposition that if, as a result of any judicial decision given while the appeal is pending, it is found that a non-taxable item is taxed or a permissible deduction is denied, it would be open for such ground t .....

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..... s is regarding the permissibility of a claim for deduction made for the first time before the Appellate Tribunal without such claim having been made earlier. It appears that a fresh ground was urged before the Appellate Tribunal by the assessee that it was entitled to depreciation of the goodwill that had been acquired pursuant to the acquisition of a company or a unit or the like. Such .....

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..... llate Tribunal, a point in such regard could be taken for the first time before the Appellate Tribunal if such point arose as a result of a judicial decision that affected the rights of the assessee during the pendency of the appeal. In view of the aforesaid, there does not appear to be any substantial question of law warranting reconsideration of the Appellate Tribunal s opinion. .....

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