TaxTMI 
TaxTMI 
2012 (1) TMI 211
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.....M: This appeal by the assessee is directed against the order of the Commissioner of Income-tax (Appeals)-II, Nashik dated 22.8.2007 which, in turn, has arisen from order dated 31.3.2003 passed by the Assessing Officer, under section 143(3) of the Income-tax Act, 1961 (in short "the Act), pertaining to the assessment year 2000-01. 2. The solitary Ground in this appeal relates to the claim of th....
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...., though not claimed in the return of income. The Assessing Officer, without going into the merits of the claim, denied the plea of the assessee on the ground that the same was not claimed in the return of income. The Commissioner of Income-tax (Appeals), following the decision of the Hon'ble Supreme Court in the case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC) has also sustained the action of ....
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.... not admitting the claim of the assessee. It was pointed out that the assessee had furnished complete factual position with regard to the claim and the same was a part of record and, therefore, the Commissioner of Income-tax (Appeals) who enjoys plenary powers of an Assessing Officer in view of the judgment of the Hon'ble Supreme Court in the case of Jute Corporation of India L:td. v. CIT 187 ITR ....
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....n'ble Supreme Court in the case of Goetze (India) Ltd. (supra) does not impinge on the powers of the appellate authorities to entertain a fresh claim which was hitherto not preferred by the assessee in the return of income. In fact, the Hon'ble Delhi High Court in the case of CIT v. Jai Parabolic Springs Ltd. 306 ITR 42 (Del) supports the proposition that the decision of the Hon'ble Supreme Court ....