2012 (8) TMI 997

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ACCOUNTANT MEMBER This is an appeal filed by the Revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-XVI, New Delhi dt. 14.08.2011 pertaining to the Assessment Year 2007-08 on the following ground. "1. On the facts and in the circumstances of the case, the Commissioner of Income Tax (Appeals) has erred in allowing relief of Rs. 12,23,979/- on account of allowable expenses u .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f the Hon'ble Supreme Court in the case of Goetz India Ltd. Vs CIT 284 ITR 323 and held that a claim cannot be made by way of a letter, though the claim of deduction of the assessee appears to be justified keeping in view the relevant provisions of S.40A(i)(a) of the Income Tax Act, 1961. He was of the opinion that the assessee should have filed a revised return. Before the Commissioner of Income .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ncome Tax (Appeals) and as all the facts are on record and as the Assessing Officer has himself recorded that the claim is correct, the Commissioner of Income Tax (Appeals) was right in allowing the claim. 5. Rival contents heard. Before the Ld.CIT(A) by way of written submissions the assessee pleaded as follows:- "As per the said judgement, it has not in any way curtained the authority of the a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... a Proviso which reads as follows. "S.40 Notwithstanding anything to the contrary in sections 30 to 38, the following amounts shall not be deducted in computing the income chargeable under the head "Profits and gains of business or profession"-   (a) in the case of any assessee (i) .................. (ia) any interest, commission or brokerage, fees for professional services or fees for te .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tax has been paid". 8. As the Statute provides for a deduction and as the facts have not been disputed by the Ld.D.R., and as the Hon'ble Supreme Court in the case of Goetz India Ltd. has stated that the judgement does not effect the powers of the Appellate Authority, we uphold the order of the Ld.CIT(A). 9. In the result the appeal of the Revenue is dismissed. Order pronounced in the Open Cour .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X