2002 (1) TMI 7

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....rnable forthwith. The respondent waives service. By consent of the parties, rule is taken up for final hearing. The substantial question sought to be raised in this appeal is as to when an issue was vaguely taken in the grounds of appeal, but argued specifically at the time of the final hearing of the appeal, can the Tribunal refuse to adjudicate upon that issue on the merits on the ground that no....

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....which came to Rs. 1,12,89,904. Being aggrieved by the aforesaid order, the assessee filed an appeal before the Income-tax Appellate Tribunal (the "ITAT" for short), Mumbai, raising several general grounds and in particular ground Nos. 26 and 27 relevant for the purpose are reproduced hereinbelow: "26. The order of the learned Assessing Officer determining the total undisclosed income of the ....

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....dy offered the said amount of alleged undisclosed income in the regular assessment for the relevant years wherever the unsecured loans and advances taken had been and were computed under section 143(3) for the assessment years 1989-90 to 1993-94. The Tribunal, by the impugned order dated October 8, 1998, declined to go into the merits of the said submission and refused to adjudicate on the merits ....

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....e issue was not at all raised. The Tribunal has fairly clarified that the omission to raise a specific ground in the grounds of appeal has escaped their attention when the arguments of both sides were heard. The Tribunal would have been right had there been complete absence of the ground in the grounds of appeal. There can be no dispute that it was obligatory on the part of the assessee to raise a....