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1. This is a reference under s. 256(1) of the I.T. Act, 1961, by the Income-tax Appellate Tribunal, Poona Bench, at the instance of the assessee.

2. The reference raises a very interesting question as to the jurisdiction of the Tribunal as regards the appeals filed before it.

3. The assessee in this case, the Ugar Sugar Works Ltd. Sangli, is a public limited company under the companies Act, 1956, and carries on the business of manufacture and sale of sugar. The assessment year involved is 1959-60, with the accounting year ending on June 30, 1958.

7. Accordingly, the following question pertaining to the validity of the Tribunal's said finding is referred to us :

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in disallowing the Ugar Sugar Works Ltd., from raising an additional ground relating to the admissibility of the development rebate on electric motors on the ground that it was neither raised before nor considered by the Appellate Assistant Commissioner, although it involved a point of law ?"