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| The Tax Publishers2020 TaxPub(DT) 4983 (Ahd-Trib) INCOME TAX ACT, 1961
Section 254(1) Rule 11
Prayer for admission of additional grounds which was not set forth in memorandum of appeal was admitted for adjudication in terms of rule 11 of Income Tax Appellate Tribunal Rules, 1963 owing to the fact that objections raised were primarily legal in nature towards applicability of the provisions of section 2(22)(e).
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Appeal (Tribunal) - Additional ground - Admissibility - Legal objection raised by assessee
Assessee by way of additional ground raised before Tribunal, challenged addition made by AO under section 2(22)(e) pleading that provision of section 2(22)(e) was applicable in a case of a person who was 'holding not less than 10% of voting power', however, AO simply made addition on the ground that assessee was having 40% share holding and therefore, condition mentioned in the said section was not fulfilled and therefore, on merits, addition was required to be deleted.Held: Prayer for admission of additional grounds which was not set forth in memorandum of appeal was admitted for adjudication in terms of rule 11 of Income Tax Appellate Tribunal Rules, 1963 owing to the fact that objections raised were primarily legal in nature towards applicability of the provisions of section 2(22)(e).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2013-14
INCOME TAX ACT, 1961
Section 147
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