2021 (10) TMI 236

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ibunal) in ITA. No.1037/Mds/2013 for the assessment year 2008-09. 2. We have heard Mr. T.Ravi Kumar, Learned Senior Standing Counsel appearing for the appellant-Revenue. Though the Assessee has been served and their name has also been printed in the cause list, none appeared on behalf of the assessee. 3. This appeal had been filed by the Revenue raising the following substantial questions of law :- 1. Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that assessing officer should have considered rectified computation of income submitted the assessee during the course of assessment proceedings and allowed the claim for deduction expenditure made through such revised c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....duction not made in the original return cannot be entertained by the Assessing Officer otherwise than by filing a revised return of income. 6. We note that the paragraph 4 of the judgment of the Hon'ble Supreme Court made it clear that the issue in the said case (Goetze India Limited Vs. CIT) is limited to the power of the Assessing Officer and does not impinge on the power of the Income-Tax Appellate Tribunal under Section 254 of the Act. 7. For the same proposition, the Learned Senior Standing Counsel appearing for the Revenue placed reliance on the decision in Commissioner of Income Tax (CIT) -vs- Jai Parabolic Springs Ltd reported in [2008] 306 ITR 42 (Delhi) and Nagaraj and Co. (P.) Ltd. -vs- Assistant Commissioner of Income ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....when the assessee had not claimed certain expenditures clearly evident from the records and it comes to the knowledge of the Assessing Officer at the time of assessment proceedings, the Assessing Officer should grant relief to the assessee. 10. The Tribunal took note of the Circular issued by CBDT dated 11.04.1955, wherein the Board ordered that the officers of the Income Tax should not take advantage of ignorance of an assessee as to his rights. It is one of their duties to assist the taxpayers in every reasonable way, particularly in the matter of claiming and securing reliefs and in this regard, the officer should take the initiative in guiding a taxpayer, where proceedings or other particulars before them indicate that some refund or....