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TMI Blog2007 (1) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 260A of the Income-tax Act, 1961, challenging order dated October 29, 2004, passed by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, in I.T.A. No. 186/Chandi/1998 (annexure A-1), denying the appellant to raise an additional ground of appeal with regard to computation of correct depreciation and consequential taxable income. Notice of the appeal was issued and with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under: "Undoubtedly, the Tribunal will have the discretion to allow or not allow a new ground to be raised. But where the Tribunal is only required to consider a question of law arising from the facts which are on record in the assessment proceeding we fail to see why such a question should not be allowed to be raised when it is necessary to consider that question in order to correctly assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mills (P.S.T.M.), a unit of Avery Cycle Industries Ltd., has not been brought forward correctly from the preceding assessment year." In view of the above, the impugned order dated October 29, 2004, (annexure A-1) passed by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, is hereby set aside and the Tribunal is directed to deal with the aforementioned additional ground in accordanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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