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2016 (11) TMI 122 - HC - Income TaxAllowance of issue raised before the Appellate Authority for the first time - Held that:- Apex Court in the case of National Thermal Power Co. Ltd. v. CIT [1996 (12) TMI 7 - SUPREME Court] clarified that the Appellate Authority is entitled to entertain a claim for the first time on a point of law provided the facts, on the basis of which the claim is made are available on record. This was in the context of dealing with the powers of the Appellate authority. The decision of the Supreme Court in Goetze (India) ( 2006 (3) TMI 75 - SUPREME Court ) only circumscribes the powers of an Assessing Officer to consider/grant a claim which have been made in the return of income or in the revised return of income. However, the same does not restrain the Appellate Authority from considering a new claim where facts are already on record. In the present case, it is not disputed that the facts necessary for making the fresh claim before the Appellate Authority, are already available on record. See Commissioner of Income Tax. Central-I Versus M/s. Pruthvi Brokers & Shareholders Pvt. Ltd. [2012 (7) TMI 158 - BOMBAY HIGH COURT ]
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