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Deduction not claimed earlier can be claimed during Section 153A proceedings
Case Law Details
- Case Name
- PCIT Vs JSW Steel Ltd (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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PCIT Vs JSW Steel Ltd (Bombay High Court)
Conclusion: Once assessment gets abated, it is open for the assessee to lodge a new claim in a proceeding under Section 153A(1) which was not claimed in his regular return of income, because assessment was never made/finalised in the case of the assessee in such a situation. Thus, assessee was entitled to lodge a new claim for deduction etc. which remained to be claimed in his earlier/ regular return of income.
Held: Assesseee made a new claim for treating gain on pre-payment of deferred VAT/sales tax on Net Present Value (NPV) basis as “capital re...




