Case Law Details
CIT Vs. State Bank of India (Bombay High Court)
Whether on the facts and circumstances of the case, the Tribunal was correct in law, in admitting the additional ground of appeal when the assessee had not raised this issue before the Assessment Officer or the Commissioner of Income Tax (Appeals) ?
Tribunal has jurisdiction to examine a question of law, even though raised for the first time before the Tribunal, which arises from the facts as found by the authorities below and having a bearing on tax liability of assessee. Tribunal should not be prevented from considering questions of law arising in assessment proceedings although not raised earlier.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
1. This Appeal under Section 260-A of the Income Tax Act, 1961 (for short ‘the Act’) challenges the order dated 4th September, 2013 passed by the Income Tax Appellate Tribunal (for short ‘the Tribunal). The impugned order is in respect of Assessment Year 2003-04.
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