The Tax Publishers2021 TaxPub(DT) 2489 (Hyd-Trib)

INCOME TAX ACT, 1961

Section 254(1)

Where assessee by way of additional ground of appeal raised before ITAT, challenged disallowance of ROC fee paid for increasing the authorised share capital, the ground being legal in nature not requiring fresh investigation was admitted.

Appeal (Tribunal) - Additional ground - Admissibility - Legal issue

Assessee by way of additional ground of appeal raised before ITAT, challenged disallowance of ROC fee paid for increasing the authorised share capital. Revenue challenged admissibility of additional ground. Held: As additional ground of appeal was legal ground, wherein, the facts were on record not requiring fresh investigation, therefore, additional ground was admitted.

Followed:National Thermal Power Co. Limited v. CIT (1998) 229 ITR 383 (SC) : 1998 TaxPub(DT) 342 (SC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2011-12


INCOME TAX ACT, 1961

Section 37(1)

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