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2014 (12) TMI 60 - HC - Income TaxRefusal to admission of additional ground – Held that:- In National Thermal Power Company Limited Versus Commissioner of Income-Tax [1996 (12) TMI 7 - SUPREME Court] it has been held that u/s 254 of the Income Tax Act, 1961, the Tribunal after giving an opportunity of being heard to both parties, pass such orders as it thinks fit – also in Jute Corporation of India Ltd. V/s. CIT [1990 (9) TMI 6 - SUPREME Court] it has been held that an appellate authority has all the powers which the original authority may have in deciding the question before it subject to the restrictions or limitations, if any, prescribed by the statutory provisions - In the absence of any statutory provision, the appellate authority is vested with all the plenary powers which the subordinate authority may have in the matter - There is no good reason to justify curtailment of the power of the Appellate Assistant Commissioner in entertaining an additional ground raised by the Assessee in seeking modification of the order of assessment passed by the Income Tax Officer – there is no reason as to why the Tribunal could have disallowed the assessee from raising this ground – the approach of the Tribunal is contrary to the express language of the statute the Tribunal's order cannot be sustained in law – thus, the order of the Tribunal is set aside and the matter is remitted back to the Tribunal – Decided in favour of assessee.
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