1980 (10) TMI 90

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... agreed between the parties that the decision in this appeal will also govern the disposal of 8 appeals in the case of Shri Nanak Chand. 2. The Revenue has raised the following two grounds in the nine appeals: 1. The AAC of IT has erred in holding that the fact of ownership of the Cinema building as well as that of the assessee being a partner in the Cinema M/s. Krishna Talkies, a partnership firm which was using the Cinema building for the exhibition of firms was in the knowledge of the ITO who made the original assessment, that there was no additional or fresh information with the ITO to come to a conclusion that some income has escaped assessment and in cancelling the assessment made by the ITO: 2. The AAC of IT has erred holdin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....context of income chargeable to tax escaping assessment. Alternatively, he submitted that he should be allowed to raise an additional ground contesting the decision of the AAC on merits in all these appeals. Shri Ranka opposed both the propositions of the Deptl. Rep. He submitted that the findings of AAC in para 3 of the order are clearly on the merits of the issue which the Revenue has failed to question. Secondly, he contended that no additional ground can be allowed to be raised which will amount to the Revenue filing an appeal on an altogether new issue. It was further contended that apart from the issue sought to be raised being a different one the ground raised will be barred by time and in respect of that delay no reasons have been f....