Tribunal allows appeal on deduction claim for assessment year 2016-17.

The Tribunal allowed the appeal filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals) for the assessment year 2016-17. The Tribunal remitted the matter back to the ld. CIT(A) for further adjudication on the deduction claim made by the assessee without filing a revised return, directing the ld. CIT(A) to consider the deduction claim during the appeal against the original assessment order under section 143(3) of the Income Tax Act, 1961.

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Issues:
1. Appeal against the order of the ld. Commissioner of Income Tax (Appeals) 18, Chennai for the assessment year 2016-17.
2. Claim of deduction by the assessee without filing a revised return of income.
3. Rejection of the claim by the Assessing Officer and the ld. Commissioner of Income Tax (Appeals).
4. Interpretation of the decision of the Hon'ble Supreme Court in Goetze (India) Ltd.'s case.
5. Remitting the matter back to the ld. Commissioner of Income Tax (Appeals) for adjudication.

Analysis:
1. The appeal was filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals) 18, Chennai, for the assessment year 2016-17. The Assessing Officer had completed the assessment under section 143(3) of the Income Tax Act, 1961, assessing the total income of the assessee at a specific amount after making various additions.

2. The assessee filed a petition under section 154 of the Act, stating that the cost of acquisition of property sold was wrongly adopted in the return filed, resulting in an incorrect calculation of capital gains. The Assessing Officer rejected the plea of the assessee as no revised return was filed under section 139(5) of the Act. The ld. CIT(A) confirmed this decision.

3. The assessee appealed before the Tribunal, arguing that the ld. CIT(A) failed to adjudicate on a deduction claimed without filing a revised return. The Assessing Officer rejected the claim based on the decision in Goetze (India) Ltd.'s case. The Tribunal remitted the matter back to the ld. CIT(A) for adjudication.

4. The Tribunal noted that the assessee did not make a fresh claim but sought to modify the deduction during assessment proceedings. The ld. CIT(A) observed that the issue was not amenable to section 154 of the Act and should have been challenged through an appeal against the original assessment order. The Tribunal directed the ld. CIT(A) to consider the deduction claim while adjudicating the appeal against the assessment order under section 143(3) of the Act.

5. Consequently, the appeal filed by the assessee was allowed for statistical purposes, and the matter was remitted back to the ld. CIT(A) for further adjudication in accordance with the directions of the Tribunal.

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