JUDGEMENT
C.S.P.SINGH, J. -
(1.) AFTER perusing the order of the Tribunal we do not feel that any stateable question of law arises. R.
K. Gulati, appearing for the Department, contended that the contention raised by the assessee in
the additional grounds were not well founded in law and as the Tribunal has remanded the matter
to the AAC for reconsideration on these grounds, the AAC may feel bound by the order of the
Tribunal, and not entertain the legal objections which the Department might have in regard to the
contentions of the assessee.
(2.) THE order of the Tribunal does not preclude the AAC from entertaining such legal objections as are open to the Department against the additional grounds, for it directs
the appeal to be disposed of in accordance with law. We are also not impressed by the argument
as regards question no. 1, for it appears from the order of the Tribunal that the additional grounds
were allowed to be included in view of the concession which the Department representative made
before the Tribunal.
The application is dismissed, but there shall be no order as to cost.;
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