1991 (2) TMI 166

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..... filing the appeal has been satisfactorily explained and is accordingly condoned. 3. It is agreed by the parties that the valuation estimated by the A.V.O. for the year under consideration was, in fact, at Rs. 2,77,000 as rectified and not at Rs. 2,48,000 as had wrongly been mentioned in the assessment order. That being purely a typographical mistake apparent from record the action of WTO was valid in law. 4. The matter, however, does not end here. In the course of hearing the appeal the assessee had sought permission of the Tribunal to raise the following additional ground, viz."On facts of the case the learned Valuation Officer and the Wealth-tax Officer ought to have valued the surplus land of the assessee, which was not marketable .....

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..... g to adjudication of their rights and liabilities. Issues which are relevant and material to the just decision of the rights and liabilities of the parties may be allowed to be raised at any time of the proceedings relating to their rights and liabilities. Procedural lapses or mistakes should not result in loss of substantive rights. 8. In the instant case the fact in issue is the valuation of assessee's property, as enhanced by the rectificatory order. The enhanced assessment is to affect tax liability of the assessee. The issue relating to the effect of U.L.C. Act, 1976, being raised through the proposed ground, may affect the valuation of the property in question and consequently the liability to tax of the assessee. The adjudication .....

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..... result in success on the latter but failure on the former would not deprive him of his right to the latter of challenging the quantum of assessment. His grievance against the quantum of enhanced assessment would, therefore, make subject matter of consideration of the appellate authority in an appeal from an order passed under section 35 of the Act. In that sense of the matter the Tribunal has jurisdiction to consider and decide the issue involved in the additional ground. 10. For the reasons mentioned above we find the additional ground raised as relevant and material to the just decision of this case. We accordingly accord permission to the assessee to raise it and we hereby entertain the same. 11. The parties had to agree that neith .....

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