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2009 (9) TMI 614 - ITAT MADRAS-AAdditional Ground - It is well-known that there is no prescribed proforma to raise an additional ground. There is no specific procedure to be followed to raise an additional ground. What all is required is that the appellant needs to take leave of the Tribunal before raising additional ground and the Tribunal needs to give an opportunity of being heard to the affected party. Even oral plea can also be made for raising an additional ground and the Tribunal may, in appropriate cases consider such oral pleas. In the present case, there is a written petition which clearly signifies the cry of the petitioner from the rooftop to admit additional ground. The learned JM has altogether ignored this cry by not referring to p. 1 of the petition in his order and which the learned AM has referred to in his order. Moreover, the ground sought to be raised is not altogether a new ground but it arises from the order of the CIT(A). It also does not require any fresh investigation into the facts of the case. It is clearly a legal ground which the learned AM has rightly admitted. Mentioning of wrong income-tax appeal number on the petition is also not fatal to the admission of the additional ground. Disallowance of gross interest received from banks on deposits for securing export credit facilities - assessee made deposits in compliance of a direction issued by the banker who has extended credit facilities to them and in respect of deposits interest income was earned - appellant challenges the levy of interest under s. 234B in respect of the computation of deduction under s. 80HHC, by setting off the loss against export incentive, as per proviso to s. 80HHC(3) with retrospective effect from 1st April, 1992, since the law fastens an additional tax liability, which was not comprehended at the time of filing of the returns of income." - additional ground raised in view of the decision of the Hon'ble Supreme Court in the case of National Thermal Power Co. Ltd. vs. CIT - Bench did hear the parties on the merits of the issue, it was subject to the admission of additional ground - before granting relief, decision on the admission of additional ground was necessary - now restored back to the regular Bench to give effect to the majority opinion - to decide the issue relating to levy of interest under s. 234D on merits
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