TMI Blog2020 (4) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... on the revenue to enquire about the legitimate claim of the assessee if any. Assessee has not made altogether a new claim before the appellate proceedings which was not disclosed in the financial statements. As such we note that the basic details about the claim of the assessee were very much available before the authorities below right from the profit and loss account of the assessee which is the crucial document to determine the income of the assessee. We are inclined to admit the claim of the assessee. Accordingly, we set aside the same to the file of the AO for fresh adjudication as per the provisions of law and in the light of the above stated discussion. Hence the ground of appeal of the assessee is allowed for the statistical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (A) may be directed to disposed of the ground to booking cancellation charges of ₹ 1,36,15,155/-. 2. The effective issue raised by the assessee in ground No. 1 to 2.1 is that the learned CIT (A) erred in not disposing off the assessee ground in relation to the claim of allowance of ₹ 1,36,15,155/- on account of Booking Cancellation Charges. 3. The facts in brief are that the assessee in the present case is a partnership firm and engaged in the businesses of real estate development and construction. A search operation under section 132(1) of the Act was carried out at the premises of Master Group as on 03.01.2013 where it was observed that the assessee during the year under consideration has earned interest income of ͅ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while filling the return due to wrong advice of its consultant with respect to allowability of such expenses. However the learned CIT (A) did not adjudicate the same. 7. Being aggrieved by the decision of learned CIT (A) the assessee is in appeal before us. 8. The learned AR for the assessee before us submitted that the assessee has claimed the booking cancellation expenses in the profit and loss account against the interest income. But it has not claimed the deduction of such expenses in the income tax return filed in response to the notice issued under section 148 of the Act. The reason for not claiming such expenses in the income tax return was based on the advice given by the tax consultant. As such the tax consultant advised the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate the claim of the assessee merely on filing of a letter. 15. The issue raised by the assessee before the ITAT is not a legal ground. Therefore the same cannot be accepted for the purpose of the adjudication. 16. The learned DR also claimed that the assessee in itself in the ground no. 2.2 of appeal raised before the ITAT has said that the ground of appeal ought not to have been disposed of. Thus, the ground raised by the assessee in itself is contrary to the claim made by it. 17. The learned DR also claimed that there was no income shown by the assessee in the profit and loss account from its real estate activities. Thus the question of allowing the deduction on account of booking cancellation charges does not arise. 18. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cing the engagement of the assessee in the real estate development activity was also available before the authorities below. 22. Thus, from the above it is transpired that the necessary basic details about the claim of the assessee were available before the authorities below with supporting documents. The impugned expenditure was also claimed in the profit and loss account. Now the controversy arises, the claim not made by the assessee in the income tax return out of ignorance/lack of knowledge/unawareness can deprive it from claiming the same and there was no duty on the revenue to enquire about the legitimate claim of the assessee if any. 23. In this connection, we find important to refer the CBDT circular bearing No. 14 (XL-35) dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dopt the attitude which private litigates might adopt. 26. We are also conscious to the fact that the assessee has not made altogether a new claim before the appellate proceedings which was not disclosed in the financial statements. As such we note that the basic details about the claim of the assessee were very much available before the authorities below right from the profit and loss account of the assessee which is the crucial document to determine the income of the assessee. 27. In view of the above and after considering the details in totality, we are inclined to admit the claim of the assessee. Accordingly, we set aside the same to the file of the AO for fresh adjudication as per the provisions of law and in the light of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
