https://www.taxtmi.com/caselaws?id=192525 The Tribunal's appellate powers were broad enough to permit the assessee to advance a new legal ground for depreciation under section 12(3) of the Income-tax Act, 1922, where the claim rested on the same facts already on record. The assessee had consistently relied on the acquisition and lease-back of machinery, and no additional evidence was sought. The fact that the precise section 12(3) contention had not been expressly raised before the Appellate Assistant Commissioner did not, by itself, justify refusal to hear it. The Tribunal was therefore not justified in declining to entertain the contention, and the issue was answered in favour of the assessee. en-us Fri, 25 Feb 1966 00:00:00 +0530 Sat, 03 Jun 2017 17:10:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=192525 The Tribunal's appellate powers were broad enough to permit the assessee to advance a new legal ground for depreciation under section 12(3) of the Income-tax Act, 1922, where the claim rested on the same facts already on record. The assessee had consistently relied on the acquisition and lease-back of machinery, and no additional evidence was sought. The fact that the precise section 12(3) contention had not been expressly raised before the Appellate Assistant Commissioner did not, by itself, justify refusal to hear it. The Tribunal was therefore not justified in declining to entertain the contention, and the issue was answered in favour of the assessee. Case-Laws Income Tax Fri, 25 Feb 1966 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=192525