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| The Tax Publishers2020 TaxPub(DT) 5436 (Pune-Trib) : (2021) 085 ITR (Trib) 0535 INCOME TAX ACT, 1961
Section 253(5)
Where assessee, by way of additional ground raised before ITAT, claimed deduction of Education Cess additional ground of appeal raised by assessee was admitted as from the legal perspective, issue of 'education cess' was an allowable expenditure as per provisions of section 40(a)(ii).
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Appeal (Tribunal) - Additional ground - Admissibility - Legal nature
Assessee, by way of additional ground raised before ITAT, claimed deduction of Education Cess. Held: From the legal perspective, issue of 'education cess' was an allowable expenditure as per provisions of section 40(a)(ii) and, therefore, additional ground of appeal raised by assessee was admitted.
Relied:Sesa Goa Limited v. Joint CIT, Tax Appeal No. 17 of 2013 : 2020 TaxPub(DT) 1546 (Bom-HC), DCIT v. Bajaj Allianz General Insurance Company Limited, ITA Nos. 1111 & 1112/PUN/2017 for the assessment years 2013-14 & 2014-15 dated 25-7-2019 : 2019 TaxPub(DT) 5399 (Pune-Trib)
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2011-12
INCOME TAX ACT, 1961
Section 80-IA(5)
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