TaxTMI 
TaxTMI 
2013 (10) TMI 367
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....st order dated 30.06.2011 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench `D' in Income Tax Appeal No.472 of 2011, following question is raised by the appellant proposing it to be a substantial question of law:- "Whether the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to recomputed the book profit u/s.115JB by reducing eligible prof....
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....ision under the Income Tax Act to make any amendment in the return of income, unless a revised return was filed by the assessee even as he held that the claim of the assessee was genuine. In not entertaining the claim of the assessee the Assessing Officer relied on the decision of the Apex Court in Goetze (India) Ltd. v. CIT (284 ITR 323). 3.1. The aggrieved assessee carried the matter in appeal ....
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....Pharma Ltd." 4. As the facts on record show that the Assessing Officer himself had found the claim of the assessee to be genuine. He did not grant relief on the basis that the claim could have been considered only on filing of a revised return. The Appellate Commissioner on the basis of the Supreme Court decision in Ajanta (supra) allowed the claim which was admittedly a genuine one and the Tribu....