2021 (3) TMI 1471

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..... f the Assessee - HELD THAT:- We find that this issue was not canvassed by the assessee before the Assessing Officer or the CIT(A) or for that matter at Tribunal and this is being raised as an alternate plea by the assessee. In fact, initially, the assessee had raised two substantial questions of law and the question on which this appeal was admitted was the 2nd question of law. So far as the 1 st .....

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..... aforementioned question of law.
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MS.JUSTICE R.N.MANJULA For Appellant: Mr.R.Vijayaraghavan for M/s.Subbaraya Aiyar Padmanabhan For Respondent: Mr.J.Narayanasamy, SSC JUDGMENT (Delivered by T.S.Sivagnanam,J) This appeal, filed by the assessee under Section 260A of the Income Tax Act, 1961, ('the Act' for brevity) is dire .....

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..... ither side and noting the substantial question of law on which the appeal was entertained, we find that this issue was not canvassed by the assessee before the Assessing Officer or the CIT(A) or for that matter at Tribunal and this is being raised as an alternate plea by the assessee. In fact, initially, the assessee had raised two substantial questions of law and the question on which this appeal .....

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..... ontra, the learned Senior Standing Counsel for the respondent would place reliance on the decision of the Hon'ble Supreme Court in the case of Commissioner of Income Tax Vs. Alps Theatre [(1967) 65 ITR 377]. 8. In the considered view of this Court, these decisions cannot be looked into at this juncture, since foundational facts, though appear to have been on record, have not been canvassed by .....

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