Siva Equipment Pvt. Ltd. v. ACIT (2020) 423 ITR 20/ 187 DTR 249/ 313 CTR 787/ 274 Taxman 420 (Bom.)(HC)

S. 251 : Appeal-Commissioner (Appeals)–Powers–Additional grounds–Power of the Appellate authorities is co-terminous with the power of the assessing authorities-Order of Tribunal holding that CIT(A) has no jurisdiction to admit addition grounds is set aside–Directed the CIT(A) to decide on merit considering the additional ground. [S. 254(1)]

Allowing the appeal of the assessee the Court held that the Tribunal was not justified in holding that CIT(A) ought not to have admitted the additional grounds raised before the CIT(A). Accordingly the order of Tribunal is set aside and directed the CIT(A) to decide the appeal on merits considering the additional grounds. Power of the Appellate authorities is co-terminous with the power of the assessing authorities.(Distinguished Addl CIT v. Gurjargravures P. Ltd [1978] 111 ITR 1 (SC) followed , Jute Corporation of India v. CIT [1991] 187 ITR 688 (SC) CIT. Kanpur coal syndicate [1964] 53 ITR 225 (SC ) (ITA No.67 of 2014 dt 5-2- 2020) (AY. 2009-10)