2008 (4) TMI 740

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... JUDGMENT Madan B. Lokur, J. Admit. 2. After hearing learned counsel for the parties, the following substantial question of law is framed for consideration:- "Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal erred in law in not admitting the additional ground raised by the assessee in respect of the expenditure incurred to the extent....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssing Officer when its assessment for the assessment year 2001-02 was being completed nor was it raised before the Commissioner of Income-tax (Appeals) ['CIT(A)']. 7. Before the Income-tax AppellateTribunal ('the Tribunal'), the assessee sought to raise an additional ground in this regard but this was declined by the Tribunal on the ground that the accounts of the assessee were audited and fina....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....annot get the benefit thereof either for the assessment year 2003-04 or for the assessment year 2001-02. 9. Learned counsel for the assessee relied upon CIT v. Kerala State Co-operative Marketing Federation Ltd. [1992] 193 ITR 624 1 (Ker.) wherein it has been held by the Kerala High Court that in the event relevant facts are not on record, the Tribunal can always remand the matter to the file o....