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| The Tax Publishers2021 TaxPub(DT) 3481 (Mum-Trib) INCOME TAX ACT, 1961
Section 246(4)
Even if the claim made by an assessee did not form part of its original return or even the revised return, it could still be considered by appellate authorities as the relevant material was available on record. Therefore, CIT(A) had rightly admitted the claim for deduction that was raised by assessee under section 80JJA.
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Appeal [CIT(A)] - Powers of CIT(A) - Admission of claim made by assessee not forming part of original return or even the revised return. -
Assessee raised a claim for deduction under section 80JJAA. However, AO declined to admit the aforesaid claim of deduction for the reasons, viz., (i) that said claim for deduction was neither raised in the original return of income nor raised by way of filing of a revised return. Assessee raised the claim before CIT(A), who admitted the same. AO challenged this.Held:Even if the claim made by an assessee did not form part of its original return or even the revised return, it could still be considered by appellate authorities as the relevant material was available on record. Therefore, CIT(A) had rightly admitted the claim for deduction that was raised by assessee under section 80JJA.
Followed: CIT v. M/s. Pruthvi Brokers & Shareholders Pvt. Ltd. (2012) 349 ITR 336 (Bom) : 2012 TaxPub(DT) 2671 (Bom-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2010-11
INCOME TAX ACT, 1961
Section 250(6)
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