Can deduction claimed other way than revised return? The answer is in negative by Supreme Court in *Goetze (India ) Ltd. vs. CIT [2006] 284 ITR 323 (SC) *which held that if assessee did not claim the deduction or exemption in return, the claim can not be made to A.O without filing revised return. The decision of the Apex Court was as under
*The question raised in this appeal relates to **whether the appellant assessee could make a claim for deduction other than by filing a revised return.** The assessment year in question was 1995-96. The return was filed on November 30, 1995, by the appellant for the assessment year in question. On January 12, 1998, the appellant sought to claim a deduction by way of a letter before the Assessing Officer. The deduction was disallowed by the Assessing Officer on the ground that there was no provision under the Income-tax Act to make amendment in the return of income by modifying an application at the assessment stage without revising the return.* *This appellant’s appeal before the Commissioner of Income-tax (Appeals) was allowed. However, the order of the further appeal of the Department before the Income-tax Appellate Tribunal was allowed. The appellant has approached this court and has submitted that the Tribunal was wrong in upholding the Assessing Officer’s order. He has relied upon the decision of this 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.* *The decision in question is that the power of the Tribunal under section 254 of the Income-tax Act, 1961, is to entertain for the first time a point of law provided the fact on the basis of which the issue of law can be raised before the Tribunal. **The 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. * *In the circumstances of the case, we dismiss the civil appeal. However, we make it clear that the issue in this case is limited to the power of the assessing authority and does not impinge on the power of the Income-tax Appellate Tribunal under section 254 of the Income-tax Act, 1961. There shall be no order as to costs.* -- http://finance.groups.yahoo.com/group/aaykarbhavan/ http://groups.google.com/group/aaykarbhavan http://finance.groups.yahoo.com/group/It_law_reported/ http://groups-beta.google.com/group/fun-finder http://finance.groups.yahoo.com/group/le-vech/ http://tech.groups.yahoo.com/group/groups_master/ -- Receive free SMS of finance updates and alert at mobile Cost free ----- aaykarbhavan:News about the aykarbhavan http://labs.google.co.in/smschannels/subscribe/aaykarbhavan ----- Good and Clean funny, informative motivational SMSes http://labs.google.co.in/smschannels/subscribe/rajkumarsms ----- Gandinagar, News about Gandhinagar , Gujarat http://labs.google.co.in/smschannels/subscribe/Gandhinagar ****** Or Join it by sending SMS go to write messge in your mobile type "on aaykarbhavan" / "on rajkumarsms" and sen it to 9870807070 Me on net : > >>>>>>>>>>>>>>>>>>>>> http://rajkumaratthenet.blogspot.com/ http://itronline.blogspot.com/ Virus Warning: Although the I have taken reasonable precautions to ensure no viruses are present in his email, sender (I) cannot accept responsibility for any loss or damage arising from the use of this email or attachment." -- You received this message because you are subscribed to the Google Groups "Skorydov MyTaxAssistant Member Group" group. To post to this group, send email to skorydovmytaxassist...@googlegroups.com. To unsubscribe from this group, send email to skorydovmytaxassistant+unsubscr...@googlegroups.com. For more options, visit this group at http://groups.google.com/group/skorydovmytaxassistant?hl=en.
