2018 (8) TMI 718

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is Appeal is under Section 260A of the Income Tax Act, 1961 (the Act) from the order dated 13.8.2002 of the Income Tax Appellate Tribunal (the Tribunal). 2 This was admitted on 22.9.2004 on the following substantial question of law: "(a) Whether on the facts and in the circumstance of the case and in law, the Tribunal was justified in law in holding that as the Appellant had not excluded or red....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ur of the Appellant by the decision of this Court in CIT v. Sheth Developers (P) Ltd. 254 CTR 0127 rendered on 27.7.2012. In the above case, the Revenue has accepted the position that even in respect of assessments for block period, fresh claim could be urged by the searched person before the Appellate Authorities even in absence of claim being made before the Assessing Officer. This is by relying....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....not prohibit a Assessee from raising the additional claim before Appellate Authorities as held by this Court in Pruthvi Brokers and Shareholders P. Ltd. (Supra). This on consideration of the decision of the Supreme Court in National Thermal Power Co. Ltd. v. CIT 229 ITR 384 and Goetze (India) Ltd. v. CIT 284 ITR 323. In fact, in Goetze (India) Ltd., the Apex Court after holding that Assessing Offi....