The appeal of the assessee is allowed in terms of our aforesaid observations
Bench: Shri L.P Sahu & Shri Ravish Sood
Section 274 of the Income-tax Act, 1961 as no correct charge has been made against the assessee.” As the assessee by raising the additional grounds of appeal has sought adjudication of a legal issue based on the facts borne from the records, therefore, relying on the judgment of the Hon’ble Supreme Court in the case of National Thermal