Saxo India Pvt. Ltd.,, Gurgaon vs Assessee on 5 February, 2016
In the case of Emerson Netwo rk Power India Ltd. Vs. ACIT report ed in
27 SOT 593 (BOM), th e Hon'ble Bombay ITAT has held as under:
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"Business expendit ure'- Allowability - Claim made at the time
of assessment - Claim not made in original return no r made by
way of valid revised ret urn but made in the course of
assessment - A.O was obliged to give due relief to assessee o r
entertain its claims if admissible as per law even through the
assessee had not fil ed revised return - Legitimate cl aim of
assessee should not be reject ed on technical gro und - Chincago
Pneumat ic India Ltd. Vs. Dy. C IT (2007) 15 SOT 252 (Mumbai)
followed".
Deputy Commissioner Of Income Tax vs Jindal Drilling And Industries Ltd. on 1 February, 2006
In the case of CIT Vs. Jindal Drilling & Indust ries Ltd. report ed in 301
ITR 304 (Delhi) it was held by the Hon'ble Delhi High Court that since, the
revenue itself has concluded that the assessee was not entitled to claim the
expenditure in the AY. 1990-91 but only in an earlier assessment year, and
that claim was made by the assessee fo r th e AY. 1989-90, as a result of a
direct ion given by the Commissioner u/s. 263 of the Act to reco mputed the
income of the assessee, no error was committed both by the CIT(Appeal}
and the T ribunal in concluding that the AO ought to have taken these fact s
into consideration for the purposes of computing the correct inco me of the
assessee.
Ntpc Ltd vs C.E.R.C & Anr on 28 July, 2011
In the case of National Thermal Power
Corporation Vs, C IT reported in 229 IT R 383 (SC), the Hon'bl e Supreme
Court has held that u/s. 254 of the Act the Tribunal may, aft er giving both
the parties to appeal an o ppo rtunity of being h eard, pass such orders
therein as it think s fit. The power of the T ribunal in dealing with appeals
is, thus, expressed in the widest possible terms. The purpose of the
assessment proceedings befo re the t axing authoritie s is to assess correctly
the tax liabilit y of an assessee in acco rdance with law. if, fo r example, as a
result of a judicial decisio n given while appeal is pending before th e
Tribunal , it is found that a non-t axable item is taxed or a permissible
deduct ion denied, we do not see any reason why the assessee should be
I . T. A . N o. 4 7 / KO L . / 2 0 1 0
Assessment year: 2006-2007
I TA N o. 4 5 0 / KO L / 2 0 1 1
A s s e s s m e n t Ye a r : 2 0 0 7 - 2 0 0 8 ,
I TA N o. 2 1 1 4 / KO L / 2 0 0 9
A s s e s s m e n t Ye a r : 2 0 0 6 - 2 0 0 7 &
I TA N o. 2 7 8 / KO L / 2 0 1 1
A s s e s s m e n t Ye a r : 2 0 0 7 - 2 0 0 8
Page 20 of 22
prevented from raising that question befo re the T ribunal for the first time,
so long as the relevant facts are on reco rd in respect of that item.
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