Case Law Details
ITO Vs Sanjay Gurudasmal Chawla (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?
A Division Bench of the Delhi High Court dealt with a similar submission in Commissioner of Income-tax v. Jai Parabolic Springs Limited, (2008) 306 ITR 42. The Division Bench, in paragraph 17 of the judgment held that the Supreme Court dismissed the appeal making it clear that the decision was limited to the power of the assessing authority to entertain a claim for deduction otherwise than by a revised return and did not impinge on the powers of the Tribunal. In paragraph 19, the Division Bench held that there was no prohibition on the powers of the Tribunal to entertain an additional ground which, according to the Tribunal, arises in the matter and for the just decision of the case.
In view of the above decision of the Hon’ble Jurisdictional High Court the Ld.CIT(A) rightly entertained the claim of the assessee.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
