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Power of ITAT in case of an expense which has attained finality in earlier assessment., Income Tax

Issue Id: - 116610
Dated: 8-8-2020
By:- Akash Chawla
Power of ITAT in case of an expense which has attained finality in earlier assessment.

  • Contents

I had the following situation

The assessee filed a return of income for AY 2013-14 declaring income of ₹ 20 lakhs . the A.O u/s 143(3) made on 31/12/2015 disallowed expense ‘A’ of ₹ 15 lakhs, although the supreme court has held in some other case that expense ‘A’ is allowable. The A.O assessed the income at 35 lakhs u/s 143(3). The assessee does not file for any appeal/revision application u/s 264/ rectification (i.e availed no remedies) and the time for filing the appeal/revision/ rectification have all expired.

Later A.O finds an income escaping assessment of ₹ 25 lakhs for assessment year 2013-14 based on new evidence as on 31/12/2020 and issued notice u/s 148 to the assess the escaped income of ₹ 25 Lakhs. The A.O assessed income of ₹ 60 lakhs u/s 147. The assessee filed the appeal against the order in CIT(appeals) and subsequently to ITAT.

During the proceeding in ITAT against the order u/s 147 can the assessee also claimed the deduction in respect the certain expense which were wrongly disallowed earlier in assessment u/s 143(3) which has attained finality?

Sir, Does the ITAT has the power to admit such claim?

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1 Dated: 12-8-2020
By:- DR.MARIAPPAN GOVINDARAJAN

As you rightly told that since you have not filed appeal the order has attained finality. However you may put your submissions before ITAT. It it is allowed it will be your lock. Try for the same.


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