MAITHAN ALLOYS LIMITED,KOLKATA vs. DCIT,CIR-1(1), KOLKATA. , KOLKATA
What did the Tribunal hold?
The Tribunal held that appellate authorities have the power to admit new claims, even if not made in the original or revised return, to ascertain correct tax liability. The matter was restored to the Assessing Officer for verification of the claim.
What were the facts?
The assessee claimed a deduction under Section 80M for inter-corporate dividends during assessment proceedings, though it was not made in the original or revised return. The Assessing Officer and CIT(A) denied the claim.
What were the issues?
Whether a deduction claim not made in the original or revised return can be entertained by appellate authorities. The applicability of Section 80M for inter-corporate dividends.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(4)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- National Thermal Power Co. Ltd. v. CIT5,834 citing229 ITR 383 · 1998 · SC
- Goetze (India) Ltd. v. CIT1,842 citing284 ITR 323 · 2006 · SC
- Jute Corporation of India Ltd. v. CIT1,372 citing187 ITR 688 · 1991 · SC
- International Tractors Ltd. v. DCIT16 citing435 ITR 85 · 2021 · HC · Read judgment
Income Tax Appellate Tribunal, “C” BENCH, KOLKATA
Before: DR. MANISH BORAD, HON’BLE & SHRI SONJOY SARMA, HON’BLE
O R D E R
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
The present appeal is directed at the instance of the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter the “ld. CIT(A)”) dt. 29/11/2023, passed u/s 250 of the Income Tax Act, 1961 (“the Act”) for the Assessment Year 2021-22.
The sole grievance of the assessee is that the lower authorities erred in denying the claim of deduction u/s 80M of the Act towards inter-corporate dividends at Rs.19,48,050/-.
At the outset, the ld. Counsel for the assessee submitted that in the Income Tax Return (ITR) originally filed as well as subsequently revised, the assessee did not make the claim of deduction u/s 80M of the Act for inter-corporate dividend. However, during the course of assessment proceedings, this claim was raised and on the strength of the judgement of the Hon’ble Supreme Court in the case of National Thermal Power Co. Ltd. v. Commissioner of Income-tax reported in [1998] Assessment Year: 2021-22 Maithan Alloys Limited 229 ITR 383 (SC) ld. Assessing Officer accepted the application entertaining the claim but on merits denied the claim on the ground that the assessee did not raise the claim in its return of income. Subsequently, the assessee did not get any favour from the ld. CIT(A).
Before us, the ld. Counsel for the assessee placing reliance on the judgment of the Hon’ble Delhi High Court in the case of International Tractors Ltd. [2021] 435 ITR 85 (Delhi) as well as Article 265 of the Constitution of India and also referring to other decisions stated that only legitimate tax can be recovered and even a concession by a tax- payer does not give authority to the tax collector to recover more than what is due from him under the law. He also submitted that the deduction u/s 80M of the Act was newly introduced in the Finance Act, 2020 applicable from Assessment Year 2021-22 and the assessee inadvertently missed the claim of deduction. On the other hand, the ld. D/R vehemently argued supporting the orders of both the lower authorities and again asserted the fact that in view of the judgment of the Hon’ble Supreme Court in the case of Goetze (India) Ltd. vs. CIT (2006) 284 ITR 323 (SC), the Assessing Officer does not have the power to entertain the claim made otherwise than through original/revised return.
We have heard rival contentions and perused the material placed before us.
The assessee is aggrieved with the order of the lower authorities for not allowing the deduction u/s 80M of the Act at Rs.19,48,050/- claimed on account of inter-corporate dividend. Admittedly, Section 80M of the Act has been introduced by Finance Act, 2020, applicable
More judgments on Section 80M
- Karnataka Co-Operative Oil Seeds Growers… vs ACIT, Circle 1(1)(1), Bangalore, Bmtc…ITA 1969/BANG/2025[2020-21]Status: Disposed8 Sept 2026AY 2020-21
- Steel Authority of India Ltd., Delhi vs ACIT, Circle-22(2), New DelhiITA 4201/DEL/2025[2021-22]Status: Disposed15 May 2026AY 2021-22
- Asian Paints Limited, Mumbai vs Deputy Commissioner of Income-Tax, Circle…ITA 3489/MUM/2025[2021-22]Status: Disposed28 Apr 2026AY 2021-22
- Commissioner of Income Tax -II, Chandigarh vs M/S Glaxo Smithkline Consumers, PatialaITA/645/200827 Jan 2026
- M/S. Rallis India Ltd, Mumbai vs DCIT, 8(1)(1), MumbaiITA 7255/MUM/2025[2023-24]Status: Disposed23 Jan 2026AY 2023-24
Recent GST High Court judgments
Search GST case law →- Chandan Kumar Bathual vs. Superintendent, CGST And Central Excise, Cuttack-Iii Range, CuttackOrissa · 14 Oct 2026
- Manoranjan Sadangi vs. Superintendent, CGST And Central Excise, Gopalpur Range, GanjamOrissa · 14 Oct 2026
- Bijaya Kumar Parekh vs. State Tax Officer, CT And GST Balangir Circle, BalangirOrissa · 14 Oct 2026
- Puspanjali Bhuyan vs. The Commissioner Of CT And GST, OdishaOrissa · 14 Oct 2026
- M/S A2Z Infra Engineering LTD vs. Union Of INDIA And Ors.Calcutta · 14 Oct 2026