TMI Blog2020 (1) TMI 826X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Authority on 31.03.1995 was within limitation or not. But the learned Tribunal has not admitted the said plea of the Assessee. Therefore, we remit back the matter to the learned Tribunal and request the learned Tribunal to decide the said question after hearing both parties once again. Therefore, the appeal of the Assessee is disposed of, without answering the substantial questions of law raised before us and we remand the case back to the learned Tribunal on the limited issue of deciding the question of limitation as raised by the Assessee. - Tax Case Appeal No.350 of 2009 - - - Dated:- 7-1-2020 - Dr. Justice Vineet Kothari And Mr. Justice R. Suresh Kumar For the Appellant : Mr.T.Vasudevan For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r ready reference. 12.Regarding limitation aspect, we have gone through the case law relied on by the Assessee. It was held in the case of CIT v. Madras Industrial Investment Corporation Ltd. (124 ITR 454) that the legal position is that neither the Assessee nor the department is restricted to the plea put forward at any earlier stages, when the matter travels through the hierarchy of authorities and that it would be open to the Tribunal to consider any fresh plea in the exercise of its discretion. Even where consequences of the acceptance of the Assessee's plea would involve granting a larger amount as deduction than was demanded at the stage of assessment, the Tribunal would have jurisdiction to consider such a plea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the order impugned before this Court and therefore, the alleged question of law as raised by the learned counsel for the Assessee does not arise from the order of the learned Tribunal. 6.Having heard the learned counsel for the parties, we are of the opinion that even in the absence of the Cross-objections filed by the Assessee, since the question of limitation may go to the root of the matter and whether the penalty order in question can be sustained or not would depend upon it being within the limitation or not as prescribed under Section 275 of the Act, the learned Tribunal could have examined the said contention raised by the Assessee, as noted by it in para 4 of its order and discussing the relevant facts and case l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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