I.T.A No. 87 of 2008 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M No.2312 CII of 2008 and I.T.A No. 87 of 2008 Date of decision : October 03, 2008 The Commissioner of Income Tax, Hisar ...... Appellant. v. Sh. Shiv Kumar, ..... Respondent. CORAM : HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr.Sanjeev Kaushik, Advocate for the appellant. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J C.M.No.2312 CII of 2008 For the reasons stated in the application, delay of 61 days in refiling the appeal is condoned. C.M stands disposed of. ITA No.87 of 2008 The revenue has filed this appeal against the order dated 12.1.2007, passed by the Income Tax Appellate Tribunal Delhi Bench, proposing the following substantial questions of law :- “ 1. Whether on the facts and in the circumstances of the case, the learned ITAT is right in admitting and I.T.A No. 87 of 2008 (O&M) ::2:: adjudicating the additional ground of appeal when the relevant issue was not raised by the assessee before the CIT (A) ? 2. Whether ITAT is right in adopting the mercantile system of accounting at the appellate stage by making reliance on the order of the Apex Court, even though the assessee has voluntarily offered his income by adopting cash system of accounting during the assessment proceedings and that was assessed as such ? Before us, counsel for the revenue has not pressed the second question. With regard to the first question, counsel for the revenue has fairly conceded that the appeal is squarely covered against the revenue by the decision of the Hon'ble Supreme Court in National Thermal Power Co. Ltd v. Commissioner of Income-Tax, 229 ITR 383. In this view of the matter, we decide question No.1 against the revenue. The appeal is dismissed. ( AJAY TEWARI ) JUDGE ( ADARSH KUMAR GOEL ) JUDGE October 03, 2008 'kk'