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| The Tax Publishers2020 TaxPub(DT) 3706 (Del-Trib) INCOME TAX ACT, 1961
Section 250
Admission of fresh claim of deduction by CIT(A), though not made by way of filing of revised return, was in sync with extant provisions of the Act.
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Appeal [CIT(A)] - Admissibility of additional claim - Claim not made by way of filing of revised return -
Assessee claimed depreciation on goodwill, not in the return of income filed by it but during assessment proceedings. AO rejected assessees claim, however, CIT (A) admitted assessees claim by way of additional ground. Revenue challenged this on the ground that claim was made without filling a revised return of income. Held: Admission of a fresh claim of deduction by appellate authorities as it is in sync with extant provisions of the Act. Also, CIT(A) retains the character of an Income Tax Officer, especially with regard to adherence to CBDT Circular No. 14 (XL-35) of 1955, dated 11-4-1955. Accordingly, CIT(A) rightly set aside the issue of depreciation on goodwill to AO to work out appropriate amount of depreciation.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2011-12
IN THE ITAT, DELHI BENCH
H.S. SIDHU, J.M. & O.P. KANT, A.M.
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