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2018 (11) TMI 1125 - BOMBAY HIGH COURTAddition in respect of retention money - assessee has neither claimed retention money in the return of income nor filed any revised return - Held that:- Issue covered against the Revenue by virtue of the judgment of this Court in the case of ASSOCIATED CABLES P. LIMITED. [2006 (8) TMI 135 - BOMBAY HIGH COURT] Allowability of foreseeable loss - ITAT restoring the matter back to the file of the AO - Held that:- Referring to main objection of the learned counsel for the Revenue is that the assessee had raised such a claim without the same being part of the return filed and without the assessee having filed a revised return. The Tribunal in this context, refereed to and relied upon the judgment of this Court in the case of Commissioner of Income Tax Vs. Pruthvi Brokers & Shareholders P Ltd reported in [2012 (7) TMI 158 - BOMBAY HIGH COURT]. In the said case, the Division Bench of this Court had taken a view that the Appellate Authorities have power to consider the claim even though not made in the return. This question, therefore, is not required to be entertained. Additional depreciation - Held that:- CIT (Appeals) had rejected the assessee's claim on the ground that the same did not pertain to the year under consideration. If that be so, the Tribunal should have given its opinion whether the CIT (Appeals) was correct in coming to such a conclusion. Mere remand to CIT (Appeals) for fresh consideration would be futile. In so far as this question is concerned, we are, therefore, of the opinion that the Tribunal may be requested to decide the ground of the assessee in his appeal.
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