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2022 (8) TMI 1399 - AT - Income TaxFilling fresh claim before the AO/ITAT without filing a revised return - Correct head of income - Revenue from Operation - taxable under the head 'House Property or 'Business' despite - principle of consistency - as in earlier years the same has been assessed as Income from Business and there was no change of facts warranting change of opinion - HELD THAT:- As decided in case of Goetze India Ltd [2006 (3) TMI 75 - SUPREME COURT] a fresh claim cannot be made otherwise that by the revised return of income but also held further it will not impinge upon the ITAT to admit claims otherwise of revised return. Thus, we hold that revised claim needs to be accepted and examined as per law. Also we note that CIT (A) has taken adverse inference also on the ground that written agreement has not been submitted by the assessee though mentioned that being submitted.The issue of agreement was also before the AO and AO did not offer any adverse inference that the agreement was not there. Prima facie, this does not seem to be a case of rent simplicitor. It is claimed that there is an agreement with M/s. Four Seasons Hospitality Pvt. Ltd. and according to which, revenue is shared by assessee company. However, ld. CIT (A) has found that assessee did not provide the agreement. In our considered opinion, the entire aspect needs to be examined properly in the light of the said agreement. Assessee will certainly need to provide cogent reply as to its business income why the tax audit report was not submitted and consequences will accordingly follow. Hence, we direct that the issue be remitted to the file of AO. AO is directed to consider the revised claim of the assessee as per law. Assessee appeal is allowed for statistical purposes.
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