Tax Benefit not claimed in Return can be claimed during Assessment

Shri Sanjay Gurudasmal Chawla Vs ITO (ITAT Mumbai)

Assessing Officer rejected the claim of the assessee for deduction u/s. 24(b) of the Act for the reason that the assessee claimed such deduction only by way of revised computation in the course of the assessment proceedings. However, this claim of the assessee was entertained by the Ld.CIT(A). The question of whether assessee can amend a return filed by him for making additional claim for deduction other than filing a revised return has been answered in favour of the assessee by the Hon’ble Jurisdictional High Court in the case of CIT v. M/s. Pruthvi Brokers & Shareholders (P.) Ltd. in IT Appeal. No. 3908 of 2010 dated 21.06.2012.

It was held that even if a claim is not made before the assessing officer, it can be made before the appellate authorities.

FULL TEXT OF THE ITAT JUDGMENT

1. This appeal is filed by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals) – 33, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 13.02.2017 for the Assessment Year 2012-13.

Please become a Premium member. If you are already a Premium member, login here to access the full content.