Hardship arising out of the Apex Court’s decision in Goetze (India) Ltd. v. CIT (2006) 284 ITR 323 (SC)

Issue/Justification

a) In the case Goetze (India) Ltd. v. CIT (2006) 284 ITR 323 (SC) the assessee filed its return of income for the relevant assessment year without claiming a particular deduction. Later on, it sought to claim the deduction by way of a letter addressed to the Assessing Officer. The deduction was disallowed by the Assessing Officer on the ground that there was no provision under the Act to make amendment in the return of income by making an application at the assessment stage without revising the return.

The assessee had relied upon the decision of the Apex Court in National Thermal Power Company Ltd. v. CIT (1998) 229 ITR 383, to contend that it was open to the assessee to raise the points of law even before the Appellate Tribunal. In that case, it was held that the Tribunal had jurisdiction to examine a question of law (raised for the first time), which arose from the facts as found by the income-tax authorities and which have a bearing on the tax liability of the assessee.

The Supreme Court held that this decision does not in any way relate to the power of the Assessing Officer to entertain a claim for deduction otherwise than by filing a revised return. Therefore, the assessee can claim deduction only by filing a revised return.

The said decision of the Apex Court has unsettled many a case law and has caused unintended hardship to the assessees

b) No deduction is permitted to an assessee under section 10AA and Part C of Chapter VIA if the assessee fails to make a claim in the return of income. This provision is very harsh and dis entitles the assessee to legitimately claim otherwise legally allowable due to technical reasons. In many cases, failure to make claim in return may be inadvertent and mere omission. There are wide powers given to the Income tax Authorities under the Income-tax Act to reopen / review / rectify assessment if any error prejudicial to the interest of the Revenue is found.

Also in the case of Goetze (India) Limited Vs CIT (284 ITR 323) the Apex Court has held that it is necessary for an assessee to revise its return of income for raising any new claim which is not raised in the original return of income.

Suggestion

Appropriate amendments may be made to enable the assessee to get relief during the assessment proceedings under section 143(1) and section 144 by methods otherwise than by way of filing a revised return.

(SUGGESTIONS TO REDUCE / MINIMIZE LITIGATIONS)

Provisions of section 80A(5) should be modified to permit filing of new claim by the assessee in the course of assessment, even without filing of revised return of income. This will remove unintended hardship.

(SUGGESTIONS TO REDUCE / MINIMIZE LITIGATIONS)

Source-  ICAI Pre- Budget Memorandum–2018 (Direct Taxes and International Tax)

More Under Income Tax

Posted Under

Category : Income Tax (27502)
Type : News (13637)
Tags : Budget (1956) Budget 2018 (399) ICAI (2604)

One response to “Hardship arising out of Apex Court’s decision in Goetze (India) Ltd. v. CIT”

  1. sid says:

    why would it bother the assessee to file a revised return to claim the deduction?

Leave a Reply

Your email address will not be published. Required fields are marked *