2003 (3) TMI 55

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..... MATHUR J.-This appeal under section 260A of the Income-tax Act, 1961, directed against the order of the Income-tax Appellate Tribunal, Jodhpur, dated June 5, 2002, was admitted for adjudication of the following substantial question of law: "Whether the Tribunal was right in holding that the additional ground cannot be raised in the memo of appeal after the expiry of the period of limitation?"....

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....12.5 per cent as against disclosed at 10.32 per cent.' In addition to above, I seek your honour's kind permission to raise the following additional grounds of appeal as Sl.No. 2: '2. That, on the facts and in the circumstances of the case, the authorities below erred in not allowing the following deductions from the profit estimated by applying net profit rate: (a) Depreciation &nbsp....

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....bsp;                                        --------------- The Tribunal permitted the amendment of original grounds by raising amended ground No. 1. The permission to raise the additional ground as gro....

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....Sub-section (3) of section 253 of the Income-tax Act, 1961, provides as under: "253. (3) Every appeal under sub-section (1) or sub-section (2) shall be filed within 60 days of the date on which the order sought to be appealed against is communicated to the assessee or to the Commissioner, as the case may be." Thus, the limitation is provided only for the purpose of filing the appeal. Once th....