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2017 (2) TMI 1196 - HC - Income TaxAdditional depreciation in respect of wind mills - assessee made his claim in revised computation of income filed before the completion of the assessment proceeding - Held that:- Admittedly, the assessee had missed the bus in the opportunity provided to him by the statute by filing the revised return within the time limit prescribed u/s 139(5) of the Act. However, that does not prevent the assessee from making its legitimate claims and its doors are not completely shut. The decision in the case of Goetze India Limited [2006 (3) TMI 75 - SUPREME Court ] clearly states that consideration of the valid claim of the assessee other than by way of a valid return can be entertained by the appellate authorities and more so the ITAT. The Hon’ble Supreme Court in the case of CIT vs Kanpur Coal Syndicate reported in (1964 (4) TMI 18 - SUPREME Court ) had held that the powers of CIT(A) is co-terminus with that of the AO; that the First Appellate Authority has wider powers, in that “he can do what the ITO can do and can also direct him to do what he failed to do. No substantial question of law involved
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