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2019 (11) TMI 985 - AT - Income TaxNon admitting assessee’s claim through revised computation - AO was of the opinion that since the original return was filed belatedly, the assesee was not eligible to file revised return u/s 139 (5) - powers of the ITAT to entertain a fresh claim - additional claim for deduction other than the filing of revised return - HELD THAT:- On a combined reading of the judgments of Goetze India [2006 (3) TMI 75 - SUPREME COURT] and CIT vs. Pruthvi Brokers & Shareholders Pvt. Ltd. [2012 (7) TMI 158 - BOMBAY HIGH COURT] it is our considered opinion that although the AO cannot be held in error for not admitting the assessee’s claim through revised computation, the ITAT can entertain such a claim. Therefore, it is our considered opinion that interest of justice would be served if this issue is restored to the file of the AO with a direction to accept the assesee’s claim which has been filed by filing a revised computation after proper examination and verification. We are also guided by the spirit of CBDT Circular No. 14 (XL-35) of 1955 dated 11th April 1955 wherein the CBDT has laid down administrative instruction for guidance of income tax officers on matters pertaining to assessment. The Board has in the above said instruction stated that it is one of the duties of the officers of the department to assist a tax payer in every reasonable way, particularly in the matter of claiming and securing reliefs. Restore this issue to the file of the AO with the direction to admit the claim of the assessee and allow the same if after proper verification and examination it is found to be correct and as per law
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