Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 274 - AT - Income TaxEntitlement to raise additional grounds of appeal before the appellate authority - Allowable deduction u/s 43B(f) - provision made for leave salary made by the appellant based on actuarial valuation - whether provisions of section 43B(f) is unconstitutional? - HELD THAT:- We have noted that the Assessing Officer not accepted the revised claim of the assessee. The ld. CIT(A) also concurred with the decision of Assessing Officer. However, keeping in view the ratio of law laid down in CIT vs. Pruthvi Brokers and Shareholders [2012 (7) TMI 158 - BOMBAY HIGH COURT] we admit the additional ground of claim raised by assessee and restore the issue to the file of Assessing Officer to decide the issue as per the decision of coordinate bench in Everest Industries Ltd. vs. JCIT (2018 (4) TMI 426 - ITAT MUMBAI). The grounds of appeal is restored to the file of AO in case the decision of Hon'ble Supreme Court comes in favour of the assessee in future, then the assessee is free to seek amendment of assessment order. - Appeal of the assessee is allowed for statistical purpose
|