Narayan Namdeo Kadam Vs ITO (ITAT Mumbai)
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT), in Narayan Namdeo Kadam v. ITO, held that appellate authorities are competent to entertain additional claims raised by an assessee even in the absence of a revised return, although such claims may require factual verification by the Assessing Officer (AO).
The assessee filed the return of income for Assessment Year 2017-18 on 19 July 2017 declaring a total income of ₹23,32,600. The return was processed under Section 143(1) on 15 September 2018, determining the total income at ₹41,00,240 after making an adjustment of ₹17,67,640. The assessee challenged the adjustment before the Commissioner of Income Tax (Appeals). Although the appeal was filed with a delay of more than three years, the delay was condoned and the appeal was admitted.
Before the CIT(A), the assessee contended that the same amount of ₹17,67,642 had been subjected to double taxation because business income had not been reduced from salary income. Since the time limit for filing a revised return had expired, the assessee submitted a revised computation of income during the appellate proceedings. The CIT(A) rejected the claim, holding that a revised computation without a valid revised return could not be entertained, particularly when the error arose from figures disclosed by the assessee in the original return.
