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2008] 305 ITR 163 2009] 176 TAXMAN 433 (HP) HIGH COURT OF HIMACHAL PRADESH Himachal Gramin Bank* v. Deputy Commissioner of Income-tax R.B. MISRA AND SANJAY KAROL, JJ. IT APPEAL NO. 1 OF 2000 JUNE 19, 2008 Section 250 of the Income-tax Act, 1961 - Commissioner (Appeals) - Procedure of - Assessment year 1990-91 - For relevant assessment year, assessee filed return declaring loss - Assessing Officer reduced loss by disallowing certain deductions on account of non-compliance of section 43B - Against said order, assessee filed application under section 154, which was disallowed - Assessee filed appeal before Commissioner (Appeals) wherein for first time assessee claimed that it was entitled to deduction under section 80P - Commissioner (Appeals) allowed assessee's appeal- On revenue's appeal, Tribunal set aside order of Commissioner (Appeals) - Whether, on facts, it could be said that Commissioner (Appeals) had exceeded its jurisdiction by entertaining a new ground raised before it - Held, no - Whether, however, in view of fact that none of authorities had gone into question as to whether assessee was to be given benefit of various circulars including and Circular No. 689, dated 24-8-1994, Circular No. 319, dated 11-1-1982 and Circular No. 669, dated 25-10-1993 and relevant provisions of statute entitling assessee to benefit of statutory provisions and more particularly sections 43B and 80P, matter was to be remanded to Assessing Officer for disposal afresh - Held, yes Circulars and Notifications : Circular No. 689 dated 24-8-1994, Circular No. 319 dated 11-1-1982 and Circular No. 669 dated 25-10-1993. CASES REFERRED TO Jute Corpn. of India Ltd. v. CIT [1991] 187 ITR 688/[1990] 53 Taxman 85 (SC) [Para 12], National Thermal Power Co. Ltd. v. CIT [1998] 229 ITR 383 (SC) [Para 13], CIT v. Nirbheram Daluram [1997]224 ITR 610/ 91 Taxman 181 (SC) [Para 13] and CIT v. Hero Cycles (P.) Ltd. [1997] 228 ITR 463/ 94 Taxman 271 (SC) [Para 14]. M.M. Khanna and Ms. Reena Mahajan for the Appellant. Vinay Kuthiala for the Respondent. JUDGMENT Sanjay Karol, J. - Himachal Gramin Bank, a banking institution, with respect to the assessment year 1990-91 filed a return showing loss of…

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