Allowing the appeal of the assessee the Court held that ; the Tribunal has the discretion to allow or not to allow a new ground to be raised. But where the Tribunal is only required to consider a question of law arising from the facts which are on record in the assessment proceedings such a question should be allowed to be raised when it is necessary to consider that question in order to correctly assess the tax liability of an assessee.
Ravindra Arora v. ACIT (2018) 404 ITR 452 /302 CTR 174(Raj) (HC) Praveen Arora v. ACIT (2018) 404 ITR 452/302 CTR 174 (Raj) (HC)
S. 254(1) : Appellate Tribunal – Duties- Additional grounds – Tribunal must consider additional grounds raised on question of law arising from facts on record .