2011 (11) TMI 366

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....sent appeal under Section 260A of the Income Tax Act, 1961 has been preferred by the Revenue against order of the tribunal dated 21.4.2011 in the case of Aspentech India Pvt. Ltd. The appeal relates to assessment year 2005-06.   2. In the immediately preceding assessment year i.e. 2004-05, the assessee had claimed expenditure towards commission of Rs.64,89,384/-. The Assessing Officer disa....

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....ment year 2005-06, it was noticed that the respondent-assessee had debited a Rs.38,14,019/- as commission expense. By another letter dated 24.9.2007, additional expense of Rs.64,89,384/- towards commission was claimed and a revised computation was filed. The Assessing Officer rejected and did not consider the additional claim of Rs.64,89,384/- as the assessee had not filed a revised return. The As....

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.... a deduction. The aforesaid facts were confronted to the Assessing Officer and he was asked to submit a remand report. The Assessing Officer did not dispute the factual correctness of the assertion made by the assessee on merits but reiterated that the respondent-assessee should have filed a revised return as was held in the assessment order. The CIT(Appeals) allowed the appeal and held that the a....

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....ommissioner of Income Tax (1991) 187 ITR 688 (SC) and held that the appellate forum could have entertained and decided the said aspect. The decision in the case of Goetze (India) Ltd. (supra) is distinguishable. In the said case the assessee had filed the return of income for the Assessment Year 1995-96 on 30.11.1995. Thereafter, on 12.01.1998, the assessee wrote a letter to the Assessing Officer ....