COMMISSIONER OF INCOME TAX Vs. RAMNATH GOENKA DECD

JUDGEMENT

(1.) ALL that the Tribunal has done is to provide relief which was consequential and flowed from its own finding in the appeal. The fact that such relief was provided does not in any way make that order of the Tribunal defective.

(2.) THE Supreme Court in the case of National THErmal Power Co. Ltd. v. CIT has held that it is open to the Tribunal to allow a new ground to be raised even if such ground had not been raised in the proceedings before the authorities below that of the Tribunal, in order to correctly assess the tax liability of the assessee, provided the facts required for deciding the question raised are available in the assessment proceedings-THEre is no dispute that all the facts required for granting the consequential relief were part of the record of the assessment proceedings. THE Tribunal in its elaborate order rightly referred to the earlier decision of the Supreme Court in the case of Shivdeo Singh v. State of Punjab, AIR 1963 SC 1909 and in the case of CIT v. Mahalakshmi Textile Mills Ltd. while holding that the Tribunal had primary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it and further that the Tribunal is duty bound to grant relief to which the assessee is entitled even though there was no plea in that regard. THE Tribunal has also rightly pointed out that while the Revenue can resort to Section 147 read with Section 153(3) to review the assessment and assess the escaped income, there is no corresponding provision requiring the Revenue to amend the assessment and to grant consequential relief on the basis of the findings given in the appeal.