Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2012 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (11) TMI 839 - ITAT MUMBAIRectification of mistake - held that:- It appears that this vital and material fact brought specifically to the notice of the Tribunal, however, appears to have escaped the attention of the Bench and the matter has been sent back to the AO for further examination after observing that it is not clear whether the expenses were claimed by the assessee in the earlier years and if so the result thereof. In our opinion, once the deduction u/s 35DD was allowed in the initial year i.e. assessment year 2002-03 after necessary verification/examination in the assessment completed u/s 143(3) when the total expenditure is eligible for the said deduction was actually incurred by the assessee, the same could not be disallowed in the subsequent years for want of relevant details or documentary evidence especially when the assessment for the initial year on this issue was not disturbed or modified. There is a mistake in the order of the Tribunal in deciding this issue overlooking the important and material aspect which has a direct bearing on the ultimate decision and the same being apparent from record - Para no. 28 of the order [2010 (1) TMI 908 - ITAT, MUMBAI] modified.
|