TMI Blog2012 (1) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - ITA No. 1319/PN/2009 - - - Dated:- 30-1-2012 - SHRI I C SUDHIR, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER For the Appellant : Shri Nikhil Pathak For the Respondent : Shri S K Singh ORDER PER G.S. PANNU, A.M: This appeal by the assessee is directed against the order of the Commissioner of Income-tax (Appeals)-II, Nashik dated 22.8.2007 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bserving that a fresh claim for expenditure could be entertained at the time of assessment only by way of a revised return of income which, in the present case, was not done. Accordingly, the assessee s claim was not entertained and not being satisfied with the order of Commissioner of Income-tax (Appeals), assessee is in appeal before us. 3. Before us, learned Counsel for the assessee has assailed the order of the Commissioner of Income-tax (Appeals) by pointing out that the judgment of the Hon ble Supreme Court in the case of Goetze (India) Ltd. (supra) does not put any fetters on the powers of the appellate authorities to admit a fresh claim which was hitherto not claimed in the return of income and, therefore, the Commissioner of Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of CIT v. Jai Parabolic Springs Ltd. 306 ITR 42 (Del) supports the proposition that the decision of the Hon ble Supreme Court in the case of Goetze (India) Ltd. (supra) was limited to the power of the Assessing Officer to entertain claim for deduction otherwise than by a revised return and does not put fetters on such powers of the appellate authorities. 6. We, therefore, deem it fit and proper to hold 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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