Assessee can raise additional claim at Appellate stage without filing Revised Return

1) The present appeal pertains to Assessment Year 2008- ­09.

2. Mr. Tejveer Singh, the learned counsel for the Appellant states that the appeal involves following substantial question of law;

“(a) On the facts and in the circumstances of the case and in law, the Tribunal was not justified in holding that the CIT (Appeals) could exclude the deemed Capital Gain Income of the Trust from its Total Income even though the Assessee Trust had not claimed such exclusion in its Return of Income and no Revised Return had been filed by the Assessee Trust.”

3] According to the learned counsel, the Tribunal and the Commissioner (Appeals) did not consider the judgment of the Apex Court in case of Goetze India Limited Vs. The Commissioner of Income Tax, reported in [2006] 284 ITR 323. According to the learned counsel, the Assessee cannot raise an additional claim except by way of filing a revised return. In the present case, the Assessee had raised additional claim, which is not permissible. The dictum of the Apex Court in case of Goetze India Limited (supra) has not been considered. Thereby, the Commissioner (Appeals) and the Tribunal have arrived at erroneous conclusion.

4) The learned counsel for the Respondent submits that the present issue is no longer res­integra and is covered in the judgment of this Court in case of Commissioner of Income Tax Vs. Pruthvi Brokers and Shareholders P. Ltd., reported in [2012] 349 ITR 336, in which even the judgment of the Apex Court in case of Goetze India Limited (supra) was also considered.