Law: Income Tax Act, 1922

Section: 30,31

Indian Income-tax Act, 1922 (XI of 1922)-Sections 30, 31-AppeaI-Original assessment order set aside on appeal-Fresh assessment made us directed by Appellate Assistant Commissioner--Whether assessee entitled to raise new plea in appeal from fresh assessment-Held yes. In appeals preferred by the assessee against the fresh assessment made according to the directions of the Appellate Assistant Commissioner the assessee can be allowed to raise a new ground which had not been raised in the original appeals field against the original assessments which had been set aside. Therefore, even though the original assessments on the assessee jute mills were made on the basis that the receipts from the sale of loom hours was assessable, the appellate authorities would be justified in allowing the assessee to take the new plea that the receipts were not revenue but capital receipts. CIT v. Maheshwari Devi Jute Mills Ltd. [1965] 57 ITR 36 (SC) referred to. JUDGMENT Deb. J.-The following question of law is involved in this reference under section 66 (1) of the Indian Income-tax Act, 1922: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that in the appeals preferred .by the assessee against the fresh assessments made according to the directions of the Appellate Assistant Commissioner, the assessee could be allowed to raise a new ground which had not been raised in the appeals filed against the original assessments which had been set aside by the Appellate Assistant Commissioner in respect of the assessment years 1948-49, 1949-50 and 1950-51. The assesee is a jute milling company. Its accounting year ends on 31st March each year. The Original assessments were made on February 27, 1953, January 3, 1964, and December 30, 1964, respectively, for the aforesaid three years, but those orders were set aside on appeal with 1 direction on the Income-tax officer to make fresh assessments and accordingly he has made fresh assessments. On appeals before the Appellate Assistant Commissioner it was contended by the assessee for the first time that the sale proceeds of loom hours were not its revenue receipts and, therefore, could not be brought to…

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