TaxTMI 
TaxTMI 
2018 (7) TMI 465
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...., the Tribunal failed to appreciate that the original order of assessment dated 16.3.88 was framed without allowing the benefits of section 11 of the Act and hence the assessee could not have raised the ground of the method of computing taxable income, if any, when applying section 11 of the Act, in an appeal against the said order ?" 2. This Appeal relates to Assessment Year 1985-86. 3. The appellant-Assessee was incorporated as a Company under Section 26 of the Indian Companies Act, 1913. The object of the appellant was to promote export of cloth and yarn. In the above view, the appellant was consistently claiming the benefit of income not being included in its total income in terms of Sections 11 to 13 of the Act i.e. income from prope....
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.... an investment making Section 11(5) read with Section 13(1)(d) of the Act inapplicable to the present facts. In view of the above, the order of the Assessing Officer was set aside and the assessment was restored to the Assessing Officer to pass a fresh order after extending the benefit of Section 11 of the Act. 6. Consequent to the above, the Assessing Officer on 27th March, 1989 gave effect to the order dated 6th February, 1989 of the CIT (Appeals). However, while giving effect to the order of the CIT (Appeals), all the expenses which were incurred to earn the gross income was not taken into account resulting in a surplus which became taxable even after application of Section 11 of the Act. 7. Being aggrieved with the order dated 27th Ma....
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....ated 8th October, 2001 of the Tribunal held that the CIT (Appeals) in its order dated 9 July 1992 had exceeded its jurisdiction in deciding the issues which were not agitated in the appeal filed earlier against the order dated 16th March, 1988 of the Assessing Officer passed under Section 143(3) of the Act. Consequently, the order dated 9th July, 1992 of the CIT (Appeals) in favour of the appellant was quashed and set aside by allowing the Revenue's Appeal before it. 9. We find that the appeal which was originally filed to the CIT (Appeals) from the order dated 16th March, 1988 under Section 143(3) of the Act was on account of rejection of the claim for benefit under Section 11 of the Act. This rejection of Section 11 benefit resulted ....
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....ate Authority) it could not deal with the issues which were not raised earlier while filing an appeal from an order passed under Section 143(3) of the Act as there issues did not arise. Thus in the facts of the present case, this would lead to injustice as the appeal filed originally from the order of the Assessing Officer under Section 143(3) of the Act was only on denial of the claim for benefit of Section 11 of the Act. It was allowed by order dated 6th February, 1989 of the CIT (Appeals) which directed the Assessing Officer to extend the benefit of Section 11 to the appellant while determining the income which could be subjected to tax for the subject Assessment Year. It is while giving effect to the order of the CIT (Appeals), that the....