TMI Blog2018 (8) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... opinion that legal issue can be raised at any point of time - Order of the ITAT quashed and set aside - Matter restored before ITAT - Decided in favor of assessee. - D. B. Income-tax Appeal No. 116 of 2008, D. B. Income-tax Appeal No. 97 of 2008 - - - Dated:- 20-3-2018 - GOPAL KRISHAN VYAS AND RAMCHANDRA SINGH JHALA JJ. For the Appellant- Suresh Ojha and D. S. Bohra For the Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised at the appellate stage. 4. Learned counsel for the appellants invited our attention towards the judgment of the learned Supreme Court in the case of National Thermal Power Co. Ltd. v. CIT [1998] 229 ITR 383 (SC) decided on December 4, 1996, in which the hon'ble Supreme Court held that there is no doubt that the Tribunal has discretion to allow or not to allow a new ground to be rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate Tribunal in para Nos. 7 and 8 of the judgment, therefore, it is obvious that the Income-tax Appellate Tribunal has rightly refused to decide the fresh issue raised by the appellants hence no interference is called for in the writ petition. 7. After considering the entire facts of the case, we are of the opinion that legal issue can be raised at any point of time, in view of the judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which are on record in the assessment proceedings, 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 the tax liability of an asses see. The reframed question, therefore, is answered in the affirmative, i.e., the Tribunal has jurisdiction to examine a question of law which arises from the facts as fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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