Claim of assessee cannot be rejected for not claiming by way of a valid return

ITO Vs Mr. Prabhakar Raghavendra Rao (ITAT Mumbai) Revenue had raised the ground that the claim of the assessee seeking treaty benefit should not be entertained as assessee had not made any claim by way of valid return by placing reliance on the decision of the Hon’ble Supreme Court in the case of Goetze India Ltd. 284 ITR 323. We find that on perusal of decision of Goetze India, the Hon’ble Supreme Court in the last paragraph had categorically observed that the said restriction is applicable only to the Assessing Officer and not to the appellate authorities. Moreover, we find that the dec...