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2022 (10) TMI 449 - AT - Income TaxDisregarding the claim made during the course of assessment proceedings - assessee failed to file revised return u/s. 139(5) of the Act in support of its claim, hence the claim made by the assessee cannot be allowed - HELD THAT:- We find that the assessee did not claim the said deduction in original return filed on 28.11.2015 and failed to file the revised return u/s. 139(5) of the Act in support of its claim and claim of the assessee was disallowed by the ld. DCIT (International Taxation) by following the judgement in the case of Goetz India Ltd.[2006 (3) TMI 75 - SUPREME COURT] - After perusing the ld. co-ordinate bench's order, while deciding the similar issue in the case of Howrah Mills Co. Ltd. [2018 (1) TMI 838 - ITAT KOLKATA] held that while the assessee in the return of income did not make any claim in respect of carbon credit not taxable but such claim was made only in the assessment proceedings before the AO and such claim of the assessee has been allowed by the ld. co-ordinate bench. We followed the view taken by the co-ordinate bench and allow the claim of the assessee and directed the AO to accept the revised claim made by the assessee. Accordingly, grounds raised by the assessee are allowed.
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