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2016 (5) TMI 1102 - AT - Income TaxExemption u/s 11 - whether CIT(A) was right in allowing the claim of deduction raised by the assessee by way of an additional ground u/s 11 & 12 - Held that:- Hon'ble Supreme Court in the case of Goetze India Ltd. (2006 (3) TMI 75 - SUPREME Court ) holds that if the Assessing Officer looks into a particular claim once the assessee has filed original return of income it is possible only by way of filing a revised return. There was no claim under law from the assessee to file the revised return to raise the claim of deduction u/s 11 & 12 before the first appellate authority who has coterminous powers with the Assessing Officer. Hon'ble Bombay High Court in the case of CIT Vs Pruthvi Brokers and Share holders (P) Ltd., (2012 (7) TMI 158 - BOMBAY HIGH COURT ) has held that the assessee is entitled to raise additional ground not merely in terms of legal submissions but also an additional claim not made in the return of income inadvertently, cannot be faulted for more than one reason. In view of above discussion, the ratio laid down by Hon'ble Supreme Court in various judgements and Hon'ble High Courts, we are inclined to dismiss the grounds raised by the Revenue. - Decided in favour of assessee
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