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Commissioner Of Income-Tax, Calcutta vs Rai Bahadur Hardutroy Motilal Chamaria on 7 April, 1967

Mr. Sabyasachi Mukherji, learned counsel for the revenue, however, placed strong reliance on the briefly reported judgment of the Supreme Court in Commissioner of Income-tax v. Rai Bahadur Hardutroy Motilal and submitted that there was nothing in the return filed by the assessee claiming deduction. There was also nothing in the assessment order showing consideration by the Income-tax Officer about the admissibility of the expenditure. That being the position, he submitted, the Appellate Assistant commissioner would have no power to allow the expenditure, because he should not consider anything not considered by the Income-tax Officer. In the same line of reasoning he contended that the Tribunal was right in dismissing the appeal as done in this case.
Supreme Court of India Cites 10 - Cited by 239 - V Ramaswami - Full Document

The Commissioner Of Income-Tax vs Shapoorji Pallonji Mistry on 14 February, 1962

Mr. Sabyasachi Mukherji, learned counsel for the revenue, did not, in his fairness, dispute the proposition that a claim may for the first time be made before the Appellant Assistant Commissioner and that the Appellant Assistant Commissioner had the jurisdiction prima facie to consider the admissibility of such a claim and, if, prima satisfied about the admissibility of the claim, to remand the claim to the Income-tax officer for further consideration. He, however, contended that the Appellate Assistant Commissioner lacked the jurisdiction by himself to allow the claim, if the Income-tax Officer had not the opportunity of considering the same. He relied on the judgment of the Supreme Court in Commissioner of Income-tax v. Shapporji Pallonji Mistry in this Context.
Supreme Court of India Cites 8 - Cited by 163 - M Hidayatullah - Full Document
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