1980 (10) TMI 90

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..... disposal of 8 appeals in the case of Shri Nanak Chand. 2. The Revenue has raised the following two grounds in the nine appeals: 1. The AAC of IT has erred in holding that the fact of ownership of the Cinema building as well as that of the assessee being a partner in the Cinema M/s. Krishna Talkies, a partnership firm which was using the Cinema building for the exhibition of firms was in the knowledge of the ITO who made the original assessment, that there was no additional or fresh information with the ITO to come to a conclusion that some income has escaped assessment and in cancelling the assessment made by the ITO: 2. The AAC of IT has erred holding that initiation of proceedings under s. 147(a) of the Act to bring to tax income .....

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..... ed that he should be allowed to raise an additional ground contesting the decision of the AAC on merits in all these appeals. Shri Ranka opposed both the propositions of the Deptl. Rep. He submitted that the findings of AAC in para 3 of the order are clearly on the merits of the issue which the Revenue has failed to question. Secondly, he contended that no additional ground can be allowed to be raised which will amount to the Revenue filing an appeal on an altogether new issue. It was further contended that apart from the issue sought to be raised being a different one the ground raised will be barred by time and in respect of that delay no reasons have been furnished by the Revenue. 5. On a consideration of the facts and circumstances o .....

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..... e cannot be allowed to raise this new issue in the form of an additional ground sought for by the Deptl. Rep. In my opinion, permitting of such an additional ground would amount to let the Revenue file a new appeal on this new issue. Revenue has lost its chance by not taking up the ground of appeal within the prescribed time while filing the nine appeals under consideration and thus the finding of the AAC has become final. 7. In view of the position noted above it is correctly contended on behalf of the assessee that it will be academic to deal with the Revenue's challenge about the reopening of the assessments being valid and proper. It is settled law that the Tribunal need not decide academic issues. I therefore, do not propose to deal .....

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