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2015 (12) TMI 836 - HC - Income TaxAllowability of depreciation on goodwill - whether the Tribunal was justified in permitting the respondent assessee to for the first time raise an additional ground on the issue of liability of depreciation on goodwill before it? - Held that:- Any ground, legal contention or even a claim would be permissible to be raised for the first time before the appellate authority or the tribunal when the facts necessary to examine such ground, contention or claim are already on record. In such a case, the situation would be akin to allowing a pure question of law to be raised at any stage of the proceedings. Adverting to the facts of the present case, the Tribunal has, on facts found that the additional ground raised by the assessee is purely a legal ground. Moreover, as pointed out by the learned counsel for the assessee, the additional ground does not require further facts other than the facts which are already available on record. Under the circumstances, the above decision of this court in the case of Commissioner of Income Tax v. Mitesh Impex (2014 (4) TMI 484 - GUJARAT HIGH COURT ) would be squarely applicable to the facts of the present case. The impugned order passed by the Tribunal, being in consonance with the principles laid down in the above decision, the question is required to be answered in the affirmative, that is, in favour of the assessee and against the revenue.
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