9911796707
TMI Blog1991 (1) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... to this court : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the amount of additional receipt granted to the assessee-firm by the arbitrator, vide his award dated August 15, 1977, was taxable on due basis in respect of the assessment years 1972-73 to 1978-79 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... two contentions were raised. The first was that section 41(1) was applicable and the second contention raised was that even without invoking the provisions of section 41(1), the amount received as a result of the award of the arbitrator was liable to be taxed in the assessment year 1979-80. The Tribunal took note of the fact that the assessee had offered that the amount received could be spread o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to support the judgment either on the grounds decided in its favour or on the grounds decided against it. The Tribunal appears to have overlooked the principle that the Revenue could support the order on grounds other than what was urged before the first appellate court and, in any case, merely because a wrong provision of law is mentioned, it does not mean that if an income is assessable to tax u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would reframe question No. 2 and direct the Tribunal, accordingly, to state the case and refer the following question to this court : "Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the Revenue could not contend that the amount of Rs. 6,50,000 was taxable as income for the assessment year 1979-80 even without invoking the provisions of section 41(1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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