2006 (3) TMI 75

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.... Adv., Ms. Geetanjali Mohan, Adv. For the Respondent : Mr. K.P. Pathak, ASG, Mr. Arijit Prasad, Adv., Mr. B.V. Balaram Das, Adv. ORDER 1. Leave granted. 2. The question raised in this appeal relates to whether the appellant assessee could make a claim for deduction other than by filing a revised return. The assessment year in question was 1995-96. The return was filed on November 30, 1....

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....rt in National Thermal Power Company Ltd. v. CIT [1998] 229 ITR 383, to contend that it was open to the assessee to raise the points of law even before the Appellate Tribunal. 4. The decision in question is that the power of the Tribunal under section 254 of the Income-tax Act, 1961, is to entertain for the first time a point of law provided the fact on the basis of which the issue of law can b....