2026 (4) TMI 1551

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....al, CA And Sh. Anurag Singhal, CA For the Revenue : Sh. Vikram Kumar Singh, Sr. DR ORDER PER RENU JAUHRI, ACCOUNTANT MEMBER: The above captioned appeal is preferred by the assessee against the order dated 30.10.2025, passed by CIT(A)-42, Delhi u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for A.Y. 2024-25. 2. The assessee has raised the following grounds....

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....) erred in rejecting the fresh claim merely because it was not made in the return of income, despite having plenary appellate powers and the settled principle that there is no estoppel in law to make a legitimate claim even if it results in income lower than the returned income. 4. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in not adjudicati....

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..... 3.1 Brief facts related to this issue are that the assessee itself had offered distribution fee received of Rs. 2,55,08,846/- as taxable in its hands as "Royalty" while filing its return for A.Y. 2014-15 and TDS @15% as per Article 13 of India-UK DTAA was also deducted. The CPC, while processing the return u/s 143(1) accepted the returned income without making any adjustment. However subseque....

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....de as it filed the return for A.Y. 2024-25 much after the favourable decision of ITAT in earlier years and still declared the impugned amount as income in the return. Further, she held that condonation would cause serious prejudice to the interests of revenue as the AO cannot examine and verify the claim and moreover no adjustment was made by the CPC while passing order u/s 143(1) and therefore th....