TMI Blog2014 (5) TMI 1076X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee to represent his case. - Decided in favour of assessee for statistical purposes. - ITA No.1820/M/2011 - - - Dated:- 5-5-2014 - SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDICIAL MEMBER For the Appellant : Shri Malay H. Shah For the Respondent : Smt. Parminder, D.R. O R D E R Per Sanjay Garg, Judicial Member: The present appeal has been filed by the assessee against the order of the Commissioner of Income Tax (Appeals) [(hereinafter referred to as CIT(A)] dated 13.09.10. In his grounds of appeal, the assessee has agitated the disallowance of the claim of deduction under section 54EC and 54F of the Income Tax Act (hereinafter referred to as the Act). 2. At the outset, the ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t appeal, the ld. CIT(A) also observed that the assessee was required to make his claim by way of filing a revised return and not through revised computation. He also did not admit the above claim of the assessee on this ground and hence confirmed the disallowance. Aggrieved against the order of the ld. CIT(A), the assessee is thus in appeal before us. 5. We have heard the ld. representatives of both the parties and also have gone through the records. The ld. A.R. of the assessee, while relying upon the decision of the Hon ble jurisdictional High Court of Bombay in the case of CIT vs. Pruthvi Brokers Shareholders Pvt. Ltd. in ITA No.3908 of 2010 decided on 21.06.12, has contended that even though the claim was not admitted by the AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority may have in the matter. An assessee is entitled to raise not merely additional legal submissions before the appellate authorities but is also entitled to raise additional claims before them. The appellate authorities have the discretion whether or not to permit such additional claims to be raised. It cannot, however, be said that they have no jurisdiction to consider the same. The appellate authorities have jurisdiction to deal not merely with additional grounds which became available on account of change of circumstances or law, but with additional grounds which were available when the return was filed but could not have been raised at that stage or the grounds which became available on account of change of circumstances or law. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discretion in that regard is to be exercised fairly and justifiably so as to serve the interest of justice. 8. In the case in hand, the residential property was not purchased by the assessee at the time of filing of the return. The claim was specifically made by the assessee before the appellate authority. But the first appellate authority failed to exercise its jurisdiction to consider the claim of the assessee. 9. We accordingly set aside the impugned order of the ld. CIT(A) and remand the matter back to the file of the ld. CIT(A) with a direction to consider the claim of the assessee regarding deduction under section 54F of the Act on merits after giving property opportunity to the assessee to represent his case. 10. In the resu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
