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2015 (11) TMI 1436 - ITAT JAIPUREntitlement to deduction U/s 54 - CIT(A) allowed claim - Whether the appellant assessee could make a claim for deduction other than by filing a revised return? - Held that:- The ld CIT(A) has not provided any opportunity to the Assessing Officer as no details were submitted by the assessee during the assessment proceedings. Before us also no evidence has been placed. The assessee’s return is belated. The Assessing Officer is not supposed to entertain the deduction U/s 54F by relying on the decision of Hon’ble Supreme Court in the case of GOETZE (INDIA) LTD. v. COMMISSIONER OF INCOME-TAX [2006 (3) TMI 75 - SUPREME Court ] wherein held that the Assessing Officer cannot allow deduction claimed during the course of assessment proceedings, it can be claimed only in revised return filed before him. The assessee’s return was belated, which cannot be revised under the law. Therefore, the revenue’s appeal is set aside to the Assessing Officer and the Assessing Officer is directed to give reasonable opportunity of being heard and consider the above observation made by this Bench. - Decided in favour of revenue for statistical purposes only.
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