TaxTMI 
TaxTMI 
2021 (9) TMI 955
X X X X Extracts X X X X
X X X X Extracts X X X X
....: 1. The CIT (A) has erred in law and on fat in directing the Assessing Officer to accept revised income filed through revised computation by the assessee which is contradictory to the provisions of section 139(4) of the I.T. Act that do not allow to accept revised income except only through filling of revised return of income. 3. The facts in brief are that the Return of Income was a belated a return, having been filed after the due date and hence not revisable; that the assessee, during the course of assessment proceedings, submitted a revised computation of income rectifying certain mistakes appearing in the original return of income; and that the Assessing Officer rejected the revised computation of income filed during the assessment....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... basis of revised computation made; that the CIT(A), while giving this direction, has held that the decision of 'Goetz India Ltd.' (supra) does not apply to any proceedings in appeal; and that the decision of the CIT(A) is erroneous and the revised computation filed by the assessee should be ignored, since it was not filed along with revised return. 6. On the other hand, strongly supporting the impugned order, the ld. Counsel for the assessee has contended that the Return of Income was a belated a return, being filed after the due date and hence cannot be revised; that therefore, the assessee, during the course of assessment proceedings, submitted a revised computation of income rectifying certain mistakes appearing in the original Return ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... to the power of the Assessing Officer to entertain a claim for deduction otherwise than by filing a revised return. In the circumstances of the case, we dismiss the civil appeal. However, we make it clear that the issue in this case is limited to the power of the assessing authority and does not impinge on the power of the Income-tax Appellate Tribunal under section 254 of the Income-tax Act, 1961. There shall be no order as to costs." 9. Thus, it is clear from the order of the Hon'ble Supreme Court that it is on the power of the Assessing Authority to entertain the claim for deduction otherwise than by filing a revised return, that the embargo has been put by their Lordships. It has been made clear in the order itself that such issue....