TMI Blog2014 (10) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... ld have been raised in the opinion of the tribunal, then, it was incumbent upon the tribunal to have allowed the parties to rely on facts and material on the additional grounds and considered the contentions canvassed on that basis pass a reasoned and proper order. The approach of the Tribunal is not right, more particularly when the mistake was brought to the notice of the tribunal in the rectification proceedings, the tribunal clarifies that the observations shall not be treated as opinion on merits but shall be considered for not admitting the additional grounds - the tribunal seriously erred in refusing to admit the additional grounds - The additional grounds ought to have been considered in accordance with law - If there are materials ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t admitting the following additional grounds for consideration:- (a) The learned CIT (A) has erred in not allowing investment allowance on actual cost of plants and machineries (installed during the year) which have been increased subsequently by ₹ 1,27,46,803/- on account of foreign exchange loan utilised for the purpose of plants and machineries. (b) The appellant submits that the assessee ought to have been allowed investment allowance on actual cost as enhanced by the additional liabilities incurred by the assessee on account of variation in rates of foreign exchange. (c) The appellant submits that it ought to have been allowed investment allowance in the respective years in which such fluctuations in rates of foreign exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the tribunal that additional questions be formulated and answered. It was submitted that so long as determination was not made, it was not possible for the assessee to lay a definite claim. Now that the loan liability has been crystalised, the said questions be allowed to be incorporated and answered. In paragraph 24 of the order of the tribunal originally passed, the said questions have been reproduced. The additional grounds are then considered in paragraph 25. 7. Mr.Pardiwalla, learned Senior Counsel appearing for the assessee submits that if the tribunal was not inclined to consider the additional questions/grounds of appeal, then, it ought not to have made any observations with regard to merits thereof. The situation that emerges f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al could have been based on some germane reason such as delay in raising these grounds or lack of complete material or failure of the Assessee to bring the same diligently or anything by which the assessee could be held responsible. If the additional grounds are indeed substantial and could have been raised in the opinion of the tribunal, then, it was incumbent upon the tribunal to have allowed the parties to rely on facts and material on the additional grounds and considered the contentions canvassed on that basis pass a reasoned and proper order. Now, what we find is that having rendered a opinion on merits of these additional grounds, the tribunal could not have later on clarified that they have not adjudicated the merits thereof or cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of the parties we are of the opinion that the tribunal seriously erred in refusing to admit the additional grounds. The said additional grounds ought to have been considered in accordance with law. That would have obviated further proceedings, one of the factors which has bearing on this is avoidance of further proceedings or multiplicity of litigation. If there are materials on record and which are adequate to consider additional grounds then refusal to admit additional grounds cannot be sustained in such matters. The tribunal is the last fact finding authority and ought to be more careful. Thereafter the Higher Courts are compelled to remand cases to the tribunal and which results in delay and that affects larger public interest. It ..... X X X X Extracts X X X X X X X X Extracts X X X X
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