2018 (12) TMI 745

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.... "1. "On the facts and circumstances of the case, the Ld CIT(A) has erred in deleting the addition of Rs. 50,40,000/- by way of set-off of interest expenditure of Rs. 93,64,517/- under the head House Property and ignoring the fact that the deduction u/s 24(b) was not claimed by the assessee in the return of income." 2. "On facts and circumstances of the case, the Ld CIT(A) has erred in not considering the decision in the case of Goetze (India) Ltd. Vs. CIT(2006)284 ITR 323(SC) while allowing the claim of interest expenditure under the head House Property." 3. "On facts and circumstances of the case, the Ld CIT(A) has erred in allowing set-off of loss under the head house property against other heads without appreciating....

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....ised computation of income cannot be entertained. He also observed that even in the original return of income the assessee has not offered any income from house property and no claim was made u/s. 24(b) of the Act. 5. On appeal the Ld.CIT(A) entertained and allowed the claim of the assessee with a further direction that the loss under the head income from house property be set off against other heads as per the provisions of Income-tax Act. Against this order, the Revenue is in appeal before us. 6. Ld. DR vehemently supported the order of the Assessing Officer and contended that since the assessee has not made any claim in the original return and also not filed a revised return, the claim of the assessee which was made in the course o....

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....m for deduction, other than by filing a revised return. After the return was filed, the appellant sought to claim a deduction by way of a letter before the Assessing Officer. The claim, therefore, was not before the appellate authorities. The deduction was disallowed by the Assessing Officer on the ground that there was no provision under the Act to make an amendment in the return of income by modifying an application at the assessment stage without revising the return. The Commissioner of Income-tax (Appeals) allowed the assessee's appeal. The Tribunal, however, allowed the department's appeal. In the Supreme Court, the assessee relied upon the judgment in National Thermal Power Company Limited contending that it was open to the as....

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....with a similar submission in Commissioner of Income-tax v. Jai Parabolic Springs Limited, (2008) 306 ITR 42. The Division Bench, in paragraph 17 of the judgment held that the Supreme Court dismissed the appeal making it clear that the decision was limited to the power of the assessing authority to entertain a claim for deduction otherwise than by a revised return and did not impinge on the powers of the Tribunal. In paragraph 19, the Division Bench held that there was no prohibition on the powers of the Tribunal to entertain an additional ground which, according to the Tribunal, arises in the matter and for the just decision of the case. 25. In the circumstances, it is not necessary to decide the other questions raised by Mr. Mistr....