TMI Blog2022 (7) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... has held that the power of the appellate authorities will not be affected by non-making of a claim in the return and the Tribunal has power to allow relief on a point for which no deduction was made in the return of income. In that view of the matter, it gets graphically clear that even though the AO is not empowered to allow exemption/deduction under the relevant provision unless a specific claim is made in the return of income, but such a clam can be entertained at the appellate stage, if it is really sustainable. Thus, the embargo is only on the AO and not on other higher authorities. Adverting to the facts of the instant case, it is found that the Pr.CIT has nowhere disputed the otherwise eligibility of the assessee to claim exemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal is admitted for disposal on merits. 3. Briefly stated, the facts of the case are that the assessee filed his original return declaring total income of Rs.3,21,640/-, which was processed u/s 143(1) of the Act. Information was received by the AO leading him to believe that certain income escaped assessment. Notice u/s 148 was issued, pursuant to which the assessee requested that the return originally filed may be taken as the return in response to notice. During the course of assessment proceedings, the Assessing Officer (AO) observed that the assessee had, inter alia, not disclosed the long term capital gain. In the assessment made u/s.143(3) r.w.s.147, the AO, amongst others, added a sum of Rs.32,59,900/- as long term capital ga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his opinion, ran contrary to the judgment of the Hon ble Supreme Court in the case of Goetz India Ltd. (supra) . Clearly, the ratio of this decision is that the AO has no power to entertain a claim made otherwise than by way of revised return. However, it is worth mentioning that in this judgment itself, the Hon ble Supreme Court has held that the power of the appellate authorities will not be affected by non-making of a claim in the return and the Tribunal has power to allow relief on a point for which no deduction was made in the return of income. In that view of the matter, it gets graphically clear that even though the AO is not empowered to allow exemption/deduction under the relevant provision unless a specific claim is made in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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