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    <title>2026 (5) TMI 1402 - ITAT CHENNAI</title>
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    <description>Appellate authorities can entertain a fresh tax claim even though the assessing authority is constrained by Goetze, but any such claim must be supported by evidence and tested after the other side has a fair opportunity to respond. Here, the claim that advances written back were not taxable was allowed without examining the underlying material, so the matter required fresh adjudication. Depreciation could also not be allowed without verifying the past assessment records, because the tax treatment of the asset cost depended on those records. That issue too was remitted for reconsideration on the relevant factual record.</description>
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      <description>Appellate authorities can entertain a fresh tax claim even though the assessing authority is constrained by Goetze, but any such claim must be supported by evidence and tested after the other side has a fair opportunity to respond. Here, the claim that advances written back were not taxable was allowed without examining the underlying material, so the matter required fresh adjudication. Depreciation could also not be allowed without verifying the past assessment records, because the tax treatment of the asset cost depended on those records. That issue too was remitted for reconsideration on the relevant factual record.</description>
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