2013 (11) TMI 282

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.... K.L. Manjunath The concurrent findings of the authorities are questioned by the appellant herein. 2. The appellant is an assessee. The dispute is in regard to the assessment year 2004-05. The assessee is engaged in the business of printing and publishing for the assessment year 2004-05. The appellant filed the return of income on 4.10.2004 declaring the total income of Rs. 12,01,960/-. The ....

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....ection 2(22)(d) of the Income-tax Act would attract to consider as deemed dividend in order to apply the provisions of Section 115-O of the Income-tax Act. 4. The aforesaid contention was not raised by the appellant either before the Assessing Officer or before the Commissioner of Income Tax (Appeals). The said question was raised for the first time before the Income Tax Appellate Tribunal, Ban....

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.... the appellant is that whenever a legal question arises, the assessee need not plead it as a ground. Legal point can be raised at the time of arguments also and the Tribunal was required to consider the same. 7. We do see some force in the arguments advanced by the learned counsel for the appellant. The legal question can be raised at the stage of the appeal and such a question need not be rais....