Additional legal ground permitted on appeal, with remand for first-instance examination of the issue.

An additional legal ground, being purely legal and not requiring further factual verification, may be permitted at the appellate stage even if it was not raised before the adjudicating authority. Where such a ground has not been examined at the first instance, the proper course is to remand the matter so the adjudicating authority can consider it initially. The text therefore states that the Tribunal allowed the new ground to be raised and sent the matter back for examination of that issue.

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Issues: Whether the appellant could be permitted to raise an additional legal ground before the Tribunal and whether the matter should be remanded for examination of that ground.

Analysis: The additional ground was purely legal and did not depend on further factual verification. Since it had not been raised before the adjudicating authority, the Tribunal considered it appropriate to permit its invocation at the appellate stage and to send the matter back so that the issue could be examined in the first instance by the adjudicating authority.

Conclusion: The additional legal ground was allowed to be raised and the matter was remanded for consideration of that issue.

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