Tribunal Rules on Deductions in Tax Returns Post-Search: Fresh Claims Limited to Abated Assessments with Timely Filing.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The Income Tax Appellate Tribunal considered whether an assessee can claim deduction under Chapter VI-A of the Income Tax Act, 1961 for the first time in the return filed in response to a notice issued u/s 153A pursuant to a search u/s 132. Relying on the Supreme Court's decision in Abhisar Buildwell (P.) Ltd., the Tribunal held that in unabated or concluded assessments, the assessee cannot make any fresh claim of deduction in the return filed u/s 153A, as the Assessing Officer cannot make additions without incriminating material found during the search. For abated assessments, the assessee can claim all deductions by filing the return within the timeline prescribed u/s 153A, failing which deductions cannot be claimed u/s 80A. Claiming dedu.........