2012 (8) TMI 236

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..... grievance against the order of the Ld. CIT(A) questioning the correctness in allowing the claim for deduction by way of filing revised statement of income during the assessment proceedings. According to the Revenue, this is against the ratio laid down by the Hon'ble Supreme Court in the case of Goetze India Ltd. reported in 284 ITR 323. Facts giving rise to this grievance of the Revenue show that during the course of the assessment proceedings for the year under consideration, the assessee filed a revised statement of computation of income by which the assessee claimed deduction of Rs.42,44,780/- as against Rs.5,23,458/- claimed in the original statement of total income. The A.O. was of the opinion that since the assessee has not claimed t .....

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..... CIT(A) further relied on the case of Emerson Network reported in (2009) 19 DTR (Mum) 441, in which the Bombay Tribunal held that the A.O. was obliged to give due relief to assessee or entertain its claim if admissible as per law, even though, assessee has not filed revised return and accordingly the Ld. CIT(A) held that the A.O. was not justified in not considering the appellant's claims made in the revised statement of total income filed during assessment proceedings. 4. Before us, the Ld. DR relied upon the findings of the A.O. The learned counsel appearing for the assessee argued that the claim was made because of the Amendment u/s.40(a)(ia) and the said amendment is with retrospective effect. 5. We have heard the rival parties and pe .....

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..... e said claim is also allowable as per the decision of the Hon'ble Supreme Court in the case of Alom Extrusions reported in 319 ITR 306. We do not find any merit in the findings of the Ld. CIT(A) that in the case of Alom Extrusions (supra), the issue involved was disallowance of employees contribution u/s.43B of the Act. As the entire payment has been made before the due date of filing of the return, the same is allowable and we direct the A.O. to allow the claim of deduction accordingly. The findings of the Ld. CIT(A) are reversed. Ground no. 1 is allowed. 9. For the issues raised in ground no.2, the learned counsel for the assessee drew our attention to page no. 50 to 61 of the paper book and claimed that the facts involved in the ground .....

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