2014 (12) TMI 354

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....tes that appeal may be filed against the order of the lower authorities on those issues which is not the case on hand? 2. Is not the finding of the Tribunal bad by permitting the additional grounds on an issue which was not been dealt by the CIT(A) in his order and therefore it could be at best only be a fresh ground which was not contested at the time of filing of the appeal and therefore not an additional grounds as held by the Tribunal? 3. Whether on the facts and circumstances of the case, the Tribunal was right in holding that provision of Section 115JB would not apply to the assessee bank especially when as per explanation 3 had been inserted in the Finance Act after explanation 2 to Section 115JB(2) wherein it had been clarified th....

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....ile deducting unabsorbed depreciation.  Aggrieved by the order of reassessment, the assessee filed an appeal before the Commissioner of Income Tax (Appeals), who held that the reassessment was valid, since there was under assessment of income in the case of the assessee. As against the order of the Commissioner of Income Tax (Appeals), the assessee preferred further appeal before the Income Tax Appellate Tribunal. 3. In the course of hearing before the Tribunal, the assessee had raised additional grounds. After hearing both sides, the Tribunal after following the decision in respect of the assessee's own case for the assessment years 2004-05 to 2006-07 allowed the raising of additional grounds, apart from deciding the issue on mer....