INCOME TAX ACT, 1961

Section 251

Appeal [Tribunal] - Additional grounds - Admissibility - No new facts required

The letter filed by the assessee seeking liberty for admission of 'Additional Grounds of appeal'. On a perusal of the Letter dated 9-1-2020 filed by the assessee for admission of the additional grounds of appeal, it was found that the additional ground of appeal No.1 was more or less in the form of a clarification, or in fact elaboration of the 'Ground of Appeal No. 7' which had been raised in the memorandum of appeal filed by the assessee before Tribunal. In sum and substance, the assessee by raising the aforesaid additional ground of appeal had tried to clarify the factual position attending to the issue under consideration. In so far, the additional ground of appeal no. 2 is concerned, the assessee by raising the same has sought adjudication of an issue, i.e., its entitlement for set-off and/or carry forward of short-term capital loss, as claimed by it in its return of income. In the course of hearing of the appeal, it was submitted by the AR that as no new facts are required to be looked into for adjudicating the aforesaid additional grounds of appeal, hence, the same may be admitted. Held: There was substantial force in the claim of the AR that as no new facts are required to be looked into for adjudicating the additional grounds of appeal, therefore, the same in all fairness require to be admitted. Apart from that, as observed by this Tribunal hereinabove, as the additional ground of appeal No. 1 was merely in the nature of an extension of the 'Ground of Appeal No. 7' raised by the assessee in the memorandum of appeal, therefore, there appeared to be no jusification in declining the admission of the same. Accordingly, on the basis of Tribunal's aforesaid deliberations, this Tribunal admitted the additional grounds of appeal raised by the assessee.

Followed:National Thermal Power Corporation v. CIT (1998) 229 ITR 383 (SC) : 1998 TaxPub(DT) 342 (SC), Jute Corporation of India Ltd. v. CIT (1991) 187 ITR 688 (SC) : 1991 TaxPub(DT) 505 (SC) and Ahmedabad Electricity Company Ltd. v. CIT (1993) 199 ITR 351 (Bom) (FB) : 1993 TaxPub(DT) 430 (Bom-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2013-14

INCOME TAX ACT, 1961

Section 251 Rule 29

SUBSCRIBE FOR FULL CONTENT