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2015 (1) TMI 703 - HC - Income TaxAdmission of additional grounds - payments effected during the year for the buildings that existed on the land acquired for mining and demolished immediately such acquisition to prepare such land acquired for the purpose of mining operations admissible - cost incurred for preparation of land to make it minable if not allowable as revenue expenditure, is to be treated as an intangible asset eligible for amortization for depreciation - Held that:- Appellate Tribunal, which has been conferred with wide powers under the Act, is entitled to permit the parties before it to raise new questions before it for the first time subject to the condition that the relevant facts in respect of the claim raised before the Tribunal are available on record. In the present case though, the omission to urge the fresh grounds may not have been due to any malafide intention, in so far as these cases are concerned, we are satisfied that the relevant facts were not on record and that the appellant had no good reason whatsoever why these contentions were not urged on earlier occassions when the matter was pending before the assessing officer or the first appellate authority. Appeal dismissed. -Decided against assessee.
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