1976 (7) TMI 32

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.... the computation of its business income the assessee claimed loss of Rs. 4,75,488 and various other deductions. The loss was disallowed as fictitious and added back. So also some of the allowances claimed were disallowed and added back. Aggrieved by the order passed by the Income-tax Officer disallowing the loss and some of the allowances claimed the assessee preferred an appeal before the Appellate Assistant Commissioner. The Appellate Assistant Commissioner confirmed the order of the Income-tax Officer and upheld the disallowance of the loss and some other disallowances added back. Against that order passed by the Appellate Assistant Commissioner the assessee filed a second appeal before the Appellate Tribunal. In the memo of appeal the a....

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.... assessee itself had filed the return on the footing that the said sum was a revenue receipt. The Tribunal found that the case of the assessee had to be decided on the facts on record and it was not possible to go into the additional grounds of objection unless fresh investigation of facts was made at the stage of the second appeal before the Tribunal. On that footing the Tribunal rejected the application of the assessee to urge additional grounds of appeal. The question above referred to arises from this order of the Tribunal. Mr. Dwarkadas on behalf of the assessee submitted that the Tribunal misdirected itself in not permitting the assessee to raise the additional grounds of appeal, especially when no other material was required to be s....