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2012 (1) TMI 211 - ITAT PUNEEligibility of deduction of expenses - claim made only during the course of assessment proceedings and it was neither claimed in the return of income and nor by way of filing a revised return of income - Held that:- The claim of the assessee has been wrongly refused to be entertained at the threshold itself, by the lower authorities. Since none of the authorities below has examined the claim of the assessee on merits, we find it appropriate to restore it back to the file of the Assessing Officer who shall examine the claim of the assessee on merits, after allowing the assessee a reasonable opportunity of being heard in support of its claim. Needless to mention, it is a settled position of law that only such expenditure can be permitted deduction which is incurred or the liability thereof has been crystalised in the relevant assessment year. The Assessing Officer shall, therefore, carry out the aforesaid exercise and pass a fresh order on this aspect in accordance with law.
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