Law:

Section:

Income-tax-----Appellate Tribunal---To pass order conformably to of High Court on reference---Scope of proceedings before Tribunal under S.260(1)--¬Contentions not raised before Tribunal on appeal---Cannot be entertained in proceedings under S.260(1)---Indian Income Tax Act, 1961, S.260(1). The statutory provisions of section 260 of the Income Tax Act, 1961, require the High Court to decide the question of law raised in the case and, thereafter, direct despatch of its to the Appellate Tribunal to act thereupon and to pass such orders as are necessary "to dispose of the case conformably to such ". This phrase sets out the statutory limits of the Appellate Tribunal. The Tribunal gets limited powers to proceed with the situation "conformably in accordance with the of the High Court". When a question of law is sought to be raised before the Tribunal at the stage of the proceedings under section 260(1) and has not been urged or could not have been urged at an earlier stage, the Appellate Tribunal may proceed to consider such question, but only on satisfaction that the question arises afresh for the first time. and is of such a nature that it could not have been raised at any time earlier in the proceedings. Subsections (3) and (4) of section 254 of the Act show that a respondent, who may not have appealed to the Tribunal may file a memorandum of cross-objections against any part of the order of the Appellate Assistant Commissioner, which has to be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified under subsection (3). The statutory provision is also abundantly clear that save as provided in section 256 of the Income Tax Act, 1961, the orders of the Appellate Tribunal receive finality. For the assessment year 1974-75, on the question whether the assessee was entitled to deduction of remuneration paid to two managing directors, the Income-tax Officer disallowed the claim holding that the provisions of section 40-A(5) of the Act governed the situation. Before the Appellate Assistant Commissioner two questions were raised: firstly, that recourse to the provisions of section 147(b) was unjustified as no new information had…

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