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New tax deduction claims can be made at appeal stage without revised return: Gujarat HC

Case Law Details

Case Name
CIT Vs Mitesh Impex (Gujarat High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2002-03
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CIT Vs Mitesh Impex (Gujarat High Court) Gujarat High Court addressed key questions regarding the admissibility of fresh claims for deductions under sections 80IB and 80HHC of the Income Tax Act, 1961, raised for the first time during appellate proceedings. The case involved several assessees, including Mitesh Impex, who had not initially claimed these deductions in their original tax returns (or, in one instance, withdrew the claim via a revised return). These claims were subsequently introduced before the Commissioner of Income-tax (Appeals) [CIT(A)]. The Revenue department contested the ent...
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