2010 (9) TMI 45

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.... Appellate Tribunal (for brevity "the Tribunal") in I. T. A. No. 2587/Del/2006 for the assessment year 2003-04.   4. By way of present appeal, the following questions of law have been raised :   "(i) Whether the Income-tax Appellate Tribunal/Commissioner of Income-tax (Appeals) erred in directing the Assessing Officer (in short "AO") to allow the revised claim of the assessee-company for deduction under section 10B?   (ii) Whether the Income-tax Appellate Tribunal erred in law in treating the revised return filed by the assessee on March 31, 2006 as valid, when the last date for filing of return as per the provisions of section 139(5) March 31, 2005?   (iii) Whether the Income-tax Appellate Tribunal erred in ....

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....low or not to allow a new ground to be raised. But where the Tribunal is only required to consider a question of law arising from the facts which are on record in the assessment proceedings we fail to see why such a question should not be allowed to be raised when it is necessary to consider that question in order to correctly assess the tax liability of an assessee.   The reframed question, therefore, is answered in the affirmative, i.e., the Tribunal has jurisdiction to examine a question of law which arises from the facts as found by the authorities below and having a bearing on the tax liability of the assessee."   7. Consequently, in our opinion, the first two questions are conclusively settled against the Revenue. &nbs....

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....No. 2 of the Revenue's appeal."   9. From the above, it is apparent that the assessee has in a bona fide manner adopted a more scientific basis for distribution of common expenses and accordingly, the Revenue cannot raise a grievance on this score.   10. As far as the fourth question is concerned, we find that the Tribunal has followed its own decision in the case of the assessee itself for the assessment year 2002-03 in I. T. A. No. 3879/Del/2005. It is pertinent to mention that even an appeal preferred by the Department against the said order has been dismissed by this court in I. T. A. No. 758 of 2009 on August 4, 2009. The aforesaid order dated August 4, 2009 is reproduced hereinbelow :   "In our order dated July....