Reject'n of Addit'nl ground raised by assessee before Tribunal held incorrect.

Facts in Brief: 

1.  The assessee filed appeal challenging that part of the Tribunal's order by which it refused to admit an additional ground raised by the assessee. The Tribunal refused to admit on ground that, it did not arise out of the order of the First Appellate Authority.

   On appeal HC held as under:

2.  In the light of authoritative pronouncement and which was binding on the Tribunal, in terms of Article 141 of the Constitution of India, the Tribunal could not have disallowed the assessee from raising this ground. It may be that the Tribunal is inclined not to grant the request of the assessee because eventually the ground may have to be answered against the assessee on merits. However, that is a totally irrelevant consideration. 

3.  The power of the Tribunal to permit raising of such ground which may or may not be arising from the order of the First Appellate Authority. In the instant case, that issue is specifically taken up before the Assessing Officer. That the Commissioner may or may not have rendered any view on it as the First Appellate Authority, does not mean that the Tribunal was precluded in law from considering the same after it was specifically raised by the assessee before it. The question of law is answered in favor of the assessee and against the revenue.