TMI Blog2017 (7) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... f Income and no Revised Return had been filed by the Assessee Trust? - Held that:- The genuineness of the transactions in question so also its nature is not disputed by the Revenue. The Commissioner (Appeals) has observed that the Assessee trust is enjoying exemption of income computable under Section 11(1B) of the Act. From perusing the Assessment Order, it is apparent that the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue had not suggested that the omission was deliberate or malafide. - Income Tax Appeal No. 60 of 2015 - - - Dated:- 17-7-2017 - S. V. Gangapurwala And A. M. Badar, JJ. Mr.Tejveer Singh for the Appellant Mr.Rohan Deshpande i/b. Mr.Mihir Naniwadekar for the Respondent ORDER Per Court 1] The present appeal pertains to Assessment Year 2008-09. 2] Mr.Tejveer Singh, the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling a revised return. In the present case, the Assessee had raised additional claim, which is not permissible. The dictum of the Apex Court in case of Goetze India Limited (supra) has not been considered. Thereby, the Commissioner (Appeals) and the Tribunal have arrived at erroneous conclusion. 4] The learned counsel for the Respondent submits that the present issue is no longer resintegra and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, no adverse finding has been made. 6] The judgment of Goetze India Limited (supra) of the Apex Court is referred to by the Division Bench of this Court in case of Pruthvi Brokers and Shareholders P. Ltd. (supra), wherein this Court has observed that the Assessee is entitled to raise not merely additional legal submissions before the Appellate Authorities but is also entitled to raise addit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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