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2018 (6) TMI 1631 - HC - Income TaxAdditional or fresh ground before Tribunal - permissibility of a claim for deduction made for the first time before the Appellate Tribunal without such claim having been made earlier - entitled to depreciation of the goodwill that had been acquired pursuant to the acquisition of a company or a unit or the like - HELD THAT:- The assessee refers to a previous judgment NATIONAL THERMAL POWER COMPANY LIMITED VERSUS CIT [1996 (12) TMI 7 - SUPREME COURT] for the proposition that if, as a result of any judicial decision given while the appeal is pending, it is found that a non-taxable item is taxed or a permissible deduction is denied, it would be open for such ground to be raised in course of the appeal and the matter to be adjudicated upon. Supreme Court found that in view of the wide authority conferred by Section 254 to the Appellate Tribunal, a point in such regard could be taken for the first time before the Appellate Tribunal if such point arose as a result of a judicial decision that affected the rights of the assessee during the pendency of the appeal. There does not appear to be any substantial question of law warranting reconsideration of the Appellate Tribunal’s opinion.
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