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2019 (7) TMI 645

..... ed return - Department's appeal is on the footing that no deduction/expenditure, which was not claimed in the return of income, could be claimed before the Assessing Officer without filing any revised return - HELD THAT:- A similar plea, in a similar case involving the same issue, was before this Court in The Principal Commissioner of Income Tax, Panaji v/s. M/s. Rajaram Bandekar (Sirigao) Min .....

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..... f the Court. The decision in M/s. Rajaram Bandekar (Sirigao) Mines Pvt. Ltd. (supra) covers the facts of the present case. For the reasons stated in that case, no substantial question of law arises in the present Tax Appeal for consideration of this Court. The Appeal, in the premises, is dismissed. - TAX APPEAL NO.57 OF 2018 - 9-7-2019 - S.C. Gupte & Nutan D. Sardessai, JJ. Ms. Amira Abdul Raz .....

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..... a notice under Section 143(2) was issued to the Assessee. In the assessment, the Assessing Officer passed an order, purportedly on the basis of a DRI report made against exporters of iron ore, including the Assessee herein that there was under-invoicing of exports, adding the amount of ₹ 54,46,81,088/- paid by way of commission by the foreign counter-parties to whom exports were made by the .....

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..... ad a combined effect of liability as nil in the income of the Assessee and the transaction was between foreign agents and the importers abroad which was not liable to be assessed in India. 5. The Department's appeal is on the footing that no deduction/expenditure, which was not claimed in the return of income, could be claimed before the Assessing Officer without filing any revised return. A s .....

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..... penditure made by foreign buyers by way of commission paid outside India and that, in the premises, no substantial question of law arose for consideration of the Court. 6. The decision in M/s. Rajaram Bandekar (Sirigao) Mines Pvt. Ltd. (supra) covers the facts of the present case. For the reasons stated in that case, no substantial question of law arises in the present Tax Appeal for consideration .....

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