CIT v. Ramco International

332 ITR 306High Court2011#1654 most cited

What is CIT v. Ramco International authority for?

Assessing Officers and appellate authorities must consider and grant correct deductions for fresh legal claims or revised computations made during assessment or appellate proceedings, subject to due verification.

69

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Ramco International · fresh legal claims during assessment · revised computation before AO · Assessing Officer duty to verify claims · deduction in assessment proceedings · Section 139(1) · Section 139(5) · Section 143(3) · consideration of new claims · appellate proceedings fresh claims · 332 ITR 306 · 221 CTR 491

Also reported as

221 CTR 491180 Taxmann 38

Sections most often in play

Section 139(1)Section 139(5)Section 143(3)Section 80A(5)Section 10B(8)Section 132Section 147Section 153A

Issues it is cited on

section 32(1)(i)section 153(a)(1)section 10b(8)section 100profit split methodbright line testsection 43aresale price methodsection 36(l)(va)section 153(a)amp expenditureinitial assessment year

Judgments citing CIT v. Ramco International

DCIT, New Delhi vs. M/S. Dabur India Ltd., New Delhi

In the result, the appeals filed by the Revenue are partly allowed and the appeals filed by the assessee are partly allowed for statistical purposes

ITA 3114/DEL/2014[2007-08]Status: DisposedITAT Delhi18 Feb 2021AY 2007-08

Bench: Shri R.K. Panda & Ms Suchitra Kamble

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri Anupam Kant Garg, CIT-DR
Section 115JSection 143(1)Section 143(2)Section 143(3)Section 80GSection 80ISection 92CSection 92E

…consider fresh claim(s) made by the assessee:- i) Jute Corporation of India Limited vs. CIT: 187 ITR 688 (SC); ii) CIT v. Jai Parabolic Springs Ltd.: 306 ITR 42 (Del.); iii) CIT v. Sam Global Securities Ltd: 360 ITR 682 (Del); iv) CIT v. Ramco International: 332 ITR 306 (P&H); v) CIT v. Pruthvi Brokers and Shareholders (P) Ltd.: 208 Taxman 498(Bom)/349 ITR 336: vi) CIT v Arvind Mills LTD: ITA No. 1407 of 2011 (Guj); vii) CIT v. Aspentech India Pvt. Ltd.: ITA No. 1233/ 2011 (Del. HC); viii) JCIT v. Hero Honda Finlease Ltd.: I 15 TTJ 752 (Del ITAT) (TM); ix) Aishwarya Rai v. DCIT: ITA No. 1159/Mum/04: (Mum ITAT);…

Broadcom Communication Technologies Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeal is partly allowed

ITA 704/BANG/2016[2011-12]Status: DisposedITAT Bangalore16 Oct 2020AY 2011-12

Bench: Shri N.V. Vasudevan & Shri A K Garodia

For Appellant: Shri Sharath Rao, CAFor Respondent: Shri Bijay Kumar Panda, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 92(1)Section 92ASection 92B(1)

…ld. counsel for the assessee in the order of DRP has applied the said decision in the context of power of appellate authority, however several other High Courts have taken a contrary view. The Hon’ble Punjab & Haryana High Court in CIT v. Ramco International, 221 CTR 491 (P&H) and Hon’ble Delhi High Court in the case of Jai Parabolic Springs Ltd., 306 ITR 42 (Del) have taken the view that ratio laid down by the Hon’ble Supreme Court in the case of Goetze (India) Ltd. (supra) is not applicable to the appellate authorities under the Act. In the light of the aforesaid decisions, we are of the view that the DRP ought…

M/S. Agrawal Coal Corp. (P) Ltd., Indore vs. ACIT-1(1), Indore

In the result the appeal of the assesse is allowed

ITA 776/IND/2019[2016-17]Status: DisposedITAT Indore24 Aug 2020AY 2016-17

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2016-17

Section 143(3)Section 40(1)(ii)

…tz India (iii) Hon'ble Indore I.T.A.T.in the case of ACIT vs. Admanum Finance Limited, Indore in ITA No.389/Ind/2012, 807 & 808/Ind/2014. Agrawal Coal Corporation Pvt. Ltd Hon'ble Punjab and Haryana High Court in the case of CIT V/s Ramco International (2011) 332 ITR 306. For the proposition that the cess is an allowable expenditure and is not hit by the disallowance contemplated u/s 40(1)(ii) of the Act. (v) Hon'ble Rajasthan High Court in the case of Chambal Fertilizers and Chemicals Limited D.B.I.T.A No.52/2018 dated 31.7.2018. (vi) Copy of decision of Honourable I.T.A.T. Indore Bench, Indore in the appellant’…

M/S Fastway Transmission (P) Ltd., Chandigarh vs. DCIT, CC-II, Chandigarh

In the result the captioned appeals of the assessee are

ITA 140/CHANDI/2019[2015-16]Status: DisposedITAT Chandigarh28 Apr 2020AY 2015-16

Bench: Shri N.K. Saini & Shri Sanjay Gargआयकर अपील सं./ Ita No.547/Chd/2017 "नधा"रण वष" / Assessment Year : 2013-14

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Chandrajit Singh, CIT (DR) on 4.12.2019
Section 250(6)

…ing officer was duty bound to allow depreciation computed at correct rate provided under Act. The Tribunal in this respect while relying upon the decisions of the Hon'ble Punjab & Haryana High Court rendered in the case of ‘CIT v. Ramco International’ [2011] 332 ITR 306/[2009] 180 Taxman 584 (Punj. & Har.); of Hon’ble Gujarat High Court in the case of “Chokshi Metal Refinery v. CIT” [1977] 107 ITR 63 (Guj.) and of Chennai Bench in the case of “ K.K.S.K. Leather Processors (P) Ltd. v ITO” [ 2010] 126 ITD 215 has held as under: “ 18. Regarding the question, whether a claim made by the assessee in the course of…

M/S Fastway Transmission (P) Ltd., Chandigarh vs. DCIT, CC-II, Chandigarh

In the result the captioned appeals of the assessee are

ITA 139/CHANDI/2019[2012-13]Status: DisposedITAT Chandigarh28 Apr 2020AY 2012-13

Bench: Shri N.K. Saini & Shri Sanjay Gargआयकर अपील सं./ Ita No.547/Chd/2017 "नधा"रण वष" / Assessment Year : 2013-14

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Chandrajit Singh, CIT (DR) on 4.12.2019
Section 250(6)

…ing officer was duty bound to allow depreciation computed at correct rate provided under Act. The Tribunal in this respect while relying upon the decisions of the Hon'ble Punjab & Haryana High Court rendered in the case of ‘CIT v. Ramco International’ [2011] 332 ITR 306/[2009] 180 Taxman 584 (Punj. & Har.); of Hon’ble Gujarat High Court in the case of “Chokshi Metal Refinery v. CIT” [1977] 107 ITR 63 (Guj.) and of Chennai Bench in the case of “ K.K.S.K. Leather Processors (P) Ltd. v ITO” [ 2010] 126 ITD 215 has held as under: “ 18. Regarding the question, whether a claim made by the assessee in the course of…

M/S Fastway Transmission (P) Ltd., Chandigarh vs. ACIT, Chandigarh

In the result the captioned appeals of the assessee are

ITA 547/CHANDI/2017[2013-14]Status: DisposedITAT Chandigarh28 Apr 2020AY 2013-14

Bench: Shri N.K. Saini & Shri Sanjay Gargआयकर अपील सं./ Ita No.547/Chd/2017 "नधा"रण वष" / Assessment Year : 2013-14

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Chandrajit Singh, CIT (DR) on 4.12.2019
Section 250(6)

…ing officer was duty bound to allow depreciation computed at correct rate provided under Act. The Tribunal in this respect while relying upon the decisions of the Hon'ble Punjab & Haryana High Court rendered in the case of ‘CIT v. Ramco International’ [2011] 332 ITR 306/[2009] 180 Taxman 584 (Punj. & Har.); of Hon’ble Gujarat High Court in the case of “Chokshi Metal Refinery v. CIT” [1977] 107 ITR 63 (Guj.) and of Chennai Bench in the case of “ K.K.S.K. Leather Processors (P) Ltd. v ITO” [ 2010] 126 ITD 215 has held as under: “ 18. Regarding the question, whether a claim made by the assessee in the course of…

Deputy Commissioner of Income Tax 1 (1), Indore vs. M/S Agrawal Coal Corp. Pvt. Ltd., Indore

In the result all the three appeals of the revenue are

ITA 803/IND/2018[2014-15]Status: DisposedITAT Indore28 Nov 2019AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 143(3)Section 14A

…Hon’ble Apex Court held that; 129. We find that it has been time and again held by various courts that legitimate claims of the assessee should be allowed even if raised during the assessment proceedings. In the case of CIT vs. Ramco International in (2011) 332 ITR 306. The Hon'ble Punjab and Haryana High Court has held that:- “Deduction under section 80-IB-Allowability-Claim not made in return - Assessee having duly furnished the documents and submitted Form No. 10CCB during the assessment proceedings, claim for deduction under section 80-IB by way of an application was admissible There was no requirement for…

DCIT !(1) Indore, Indore vs. Agrawal Coal Corporation (P) Ltd., Indore

In the result all the three appeals of the revenue are

ITA 802/IND/2018[2013-14]Status: DisposedITAT Indore28 Nov 2019AY 2013-14

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 143(3)Section 14A

…Hon’ble Apex Court held that; 129. We find that it has been time and again held by various courts that legitimate claims of the assessee should be allowed even if raised during the assessment proceedings. In the case of CIT vs. Ramco International in (2011) 332 ITR 306. The Hon'ble Punjab and Haryana High Court has held that:- “Deduction under section 80-IB-Allowability-Claim not made in return - Assessee having duly furnished the documents and submitted Form No. 10CCB during the assessment proceedings, claim for deduction under section 80-IB by way of an application was admissible There was no requirement for…

Deputy Commissioner of Income Tax 1, Indore vs. M/S Agrawal Coal Corp. Pvt. Ltd., Indore

In the result all the three appeals of the revenue are

ITA 801/IND/2018[2012-13]Status: DisposedITAT Indore28 Nov 2019AY 2012-13

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 143(3)Section 14A

…Hon’ble Apex Court held that; 129. We find that it has been time and again held by various courts that legitimate claims of the assessee should be allowed even if raised during the assessment proceedings. In the case of CIT vs. Ramco International in (2011) 332 ITR 306. The Hon'ble Punjab and Haryana High Court has held that:- “Deduction under section 80-IB-Allowability-Claim not made in return - Assessee having duly furnished the documents and submitted Form No. 10CCB during the assessment proceedings, claim for deduction under section 80-IB by way of an application was admissible There was no requirement for…

M/S Agrawal Coal Corp. Pvt. Ltd., Indore vs. Deputy Commissioner of Income Tax 1, Indore

In the result all the three appeals of the revenue are

ITA 778/IND/2018[2012-13]Status: DisposedITAT Indore28 Nov 2019AY 2012-13

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 143(3)Section 14A

…Hon’ble Apex Court held that; 129. We find that it has been time and again held by various courts that legitimate claims of the assessee should be allowed even if raised during the assessment proceedings. In the case of CIT vs. Ramco International in (2011) 332 ITR 306. The Hon'ble Punjab and Haryana High Court has held that:- “Deduction under section 80-IB-Allowability-Claim not made in return - Assessee having duly furnished the documents and submitted Form No. 10CCB during the assessment proceedings, claim for deduction under section 80-IB by way of an application was admissible There was no requirement for…

Jindal Steel & Power Ltd., New Delhi vs. ACIT, Hisar

In the result, the appeal of the assessee is partly allowed

ITA 893/DEL/2014[2009-10]Status: DisposedITAT Delhi29 Apr 2019AY 2009-10

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 893/Del/2014 : Asstt. Year : 2009-10 Jindal Steel & Power Ltd., Vs Asstt. Commissioner Of Jindal Centre, 12, Bhikaji Cama Income Tax, Hisar Circle, Place, New Delhi-110066 Hisar (Appellant) (Respondent) Pan No. Aaacj7079D Assessee By : Sh. Salil Kapoor, Adv., Sh. Sumit Lal Chandani, Adv., Ms. Ananya Kapoor, Adv. & Ms. Pallavi Saigal, Adv. Revenue By : Sh. Sanjay I. Bara, Cit Dr Date Of Hearing :05.03.2019 Date Of Pronouncement : 29.04.2019 Order Per N. S. Saini: This Is An Appeal Filed By The Assessee Against The Order Of Assessing Officer U/S 143(3)/144C(13) Of The Income Tax Act, 1961 Dated 29.10.2018 For Assessment Years 2013-14

For Appellant: Sh. Salil Kapoor, AdvFor Respondent: Sh. Sanjay I. Bara, CIT DR
Section 143(3)Section 144CSection 80Section 80I

…maceuticals (P.) Ltd. v. Income-tax Officer [2010] 195 TAXMAN 30 (MUM.) (MAG) " Hon’ble Delhi ITAT in the case of JCIT vs Hero Honda Finlease Ltd.: 115 TTJ 752 (Del. ITAT) " CIT vs Jai Parabolic Springs Ltd.: 306 ITR 42 (Del. HC) " CIT vs Ramco International: 332 ITR 306 (P&H). " CIT vs Pruthvi Brokers and Shareholders (P) Ltd.: 208 Taxman 498 (Bom.) " CIT vs Arvind Mills LTD: ITA No. 1407 of 2011 (Guj.) " Aishwarya Rai vs DCIT: ITA No. 1159/Mum/04 " CIT v. Sam Global Securities Ltd. [2014] 360 ITR 682 (Delhi) 27 Jindal Steel & Power Ltd. 41. Reliance was placed on the Circular no. 14(XL-35) of 1955 issued by th…

Smt. Birma Devi, Jaipur vs. Income Tax Officer, Ward-6-2, Jaipur

In the result, appeal of the assessee is allowed in terms indicated

ITA 678/JPR/2018[2013-14]Status: DisposedITAT Jaipur12 Apr 2019AY 2013-14

Bench: The Hearing Of This Appeal.”

For Appellant: Shri S.L. Poddar (Adv)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 139(1)Section 139(4)Section 143(3)Section 2(14)(iii)Section 54B

…- ITA 201/JP/2014 dt 30.04.15 (vi) Keshavji Ramji v/s CIT (SC) 183 ITR 1 (vii) J.P. Boder Co. v/s CBDT (SC) 223 ITR 271 (viii) CIT v/s Hero Cycles (SC) 228 ITR 463 (ix) CIT v/s National Thermal Power Co. Ltd. (SC) 157 CTR 249 (x) C.I.T v/s Ramco International 332 ITR 306 (P&H) (xi) C.I.T v/s Bhaskar Mitter (Cal) 73 TAXMAN 437 (xii) C.I.T v/s Rajasthan Fasteners Pvt. Ltd. (Raj) 100 DTR 152 (xiii) Wipro Vs. CIT 282 CTR 346 15 ITA 678/JP/2018_ Birma Devi Vs. ITO (xiv) CIT Vs. Prithvi Brokers and Share Holders Pvt. Ltd. (2012) 252 CTR 151 (Bom) 10. The ld AR has also drawn our attention towards the CBDT CIRCULAR N…

D.C.I.T, Central Circle - II, Jalandhar vs. M/S Mbd Printographics Pvt Ltd, Jalandhar

In the result, the appeal of the department is dismissed

ITA 244/ASR/2017[2013-14]Status: DisposedITAT Amritsar17 Jan 2019AY 2013-14

Bench: Sh. N. K. Saini, Hon’Ble & Sh. Ravish Soodita No.244/Asr./2017 : Asstt. Year : 2013-14 Deputy Commissioner Of Vs M/S Mbd Printographics Pvt. Ltd., Income Tax, Central Circle-Ii, Mbd House, Railway Road, Jalandhar Jalandhar (Appellant) (Respondent) Pan No. Aaacm9208R Assessee By : Sh. Sudhir Sehgal, Adv. Revenue By : Smt. Parwinder Kaur, Cit Dr Date Of Hearing : 17.01.2019 Date Of Pronouncement : 17.01.2019 Order Per N. K. Saini: This Is An Appeal By The Department Against The Order Dated 17.02.2017 Of Ld. Cit(A)-I, Jalandhar. 2. Following Grounds Have Been Raised In This Appeal: “(I) Whether On The Facts & Circumstances Of The Case The Ld. Cit(A) Has Not Erred In Deleting Addition On Account Of Interest Free Loan Given To Sister Concerns When Assessee Has Not Justified “Business Expediency” & Failed To Provide Necessary Details Regarding Business Purpose Behind Investing Money In Sister Concerns. (Ii) Whether On The Facts & Circumstances Cit(A) Was Right In Allowing Depreciation Without Filing Revised Return By The Assessee Which Has Rightly Been Disallowed By The Ao.

For Appellant: Sh. Sudhir Sehgal, AdvFor Respondent: Smt. Parwinder Kaur, CIT DR

…ts tax audit report under form 3CB of the depreciation which was allowable on its assets as per the Income Tax Act. The reliance was placed on the judgment of the Hon’ble Punjab & Haryana High Court in the case of CIT Vs Ramco International reported at (2011) 332 ITR 306. ITA No. 244/Asr./2017 4 MBD Printograhics Pvt. Ltd. 10. The ld. CIT(A) after considering the submissions of the assessee allowed the claim of depreciation by observing in para 15 of the impugned order which read as under: “15. In the instant case, it is clear that the assessee had filed in its tax audit report under form 3CD, the depreciation t…

Sree Murali Mohan Boiled & Raw Rice Mill (P) Limited, Biccavol vs. Assistant Commissioner of Income Tax, Central Circle-1(1), Rajahmundry

In the result, appeal of the assessee is partly allowed for statistical purpose

ITA 276/VIZ/2018[2010-11]Status: DisposedITAT Visakhapatnam03 Jan 2019AY 2010-11

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.276/Viz/2018 (ननधधारण वर्ा/ Assessment Year: 2010-2011) M/S Sree Murali Mohana Boiled & Raw The Assistant Commissioner Rice Mill (P) Ltd., Of Income-Tax, D.No.1-54, Kommaripalem Central Circle-1(1) Biccavolu Mandal Rajahmundry East Godavari Dist. [Pan : Aahcs7807F] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से/ Respondent By : Shri D.K.Sonowal, Cit Dr

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri D.K.Sonowal, CIT DR
Section 115JSection 132Section 143(3)Section 153ASection 80I

…आयकर अपीलीय अधिकरण, धिशाखापटणम पीठ, धिशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM श्री िी. दुगाा राि,न्याधयक सदस्य एिं श्री धड.एस. सुन्दर धसंह, लेखा सदस्य के समक्ष BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER& SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.No.276/Viz/2018 (ननधधारण वर्ा/ Assessment Year: 2010-2011) M/s Sree Murali Mohana Boiled & Raw The Assistant Commissioner Rice Mill (P) Ltd., of Income-Tax, D.No.1-54, Kommaripalem Central Circle-1(1) Biccavolu Mandal Rajahmundry East Godavari Dist. [PAN : AAHCS7807F] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Responde…

Indecomm Global Services India Private Limited, Bangalore vs. Deputy Commissioner of Income-Tax, Bangalore

In the result, appeal by the Assessee is partly allowed

ITA 1589/BANG/2016[2009-2010]Status: DisposedITAT Bangalore31 Dec 2018AY 2009-2010

Bench: Shri N.V. Vasudevan & Shri Inturi Rama Raoassessment Year : 2009-10

For Appellant: Smt. Rashmi R., AdvocateFor Respondent: Dr. P.V. Pradeep Kumar, Addl.CIT(DR)(ITAT), Bengaluru
Section 10A

…ssee in the course of assessment proceedings for which assessee has not filed revised return, although, as per law, the assessee is required to file the revised return ..... " 12. The Hon’ble Punjab & Haryana High Court in the case CIT vs Ramco International, 221 CTR 491 (2008) HC (P&H) distinguished the judgement of Hon’ble Supreme Court in the case of Goetz (India) Pvt. Ltd. (supra) and allowed the claim of the Assessee which was made in course of the assessment proceedings and not by filing revised return. The Hon’ble Delhi High Court in the case of Jai parabolic Springs 306 ITR 42 (Delhi) has held that the ap…

The Kangra Central Co-Op Bank Ltd vs. Joint Commisioner of Income Tax

In the result, appeal of the assessee is allowed

ITA 1412/CHANDI/2016[2011-12]Status: DisposedITAT Chandigarh31 Oct 2018AY 2011-12

Bench: The Cit(A) Who Also Rejected The Claim Holding That The Claim Had Not Been Made By Way Of Revised Return. The Ld. Ar Submitted That The Assessee Had Claimed The

For Appellant: Shri Ahwani Kumar,CAFor Respondent: Smt. Chanderkanta, Sr.DR
Section 43B

…ould have been made by way of revised return which was the specific reason for denying the claim. 4.1 The ld. AR in support of the allowability of assessee's prayer relied upon decision of the jurisdictional High Court in the case of Ramco International (2011)332 ITR 306(P&H). Reliance was also placed upon decision of Bombay High Court in the case of CIT V Pruthvi Brokers & Shareholders (2012) 349 ITR 336 (Bombay). Apart from that, reliance was also placed upon order of Judgement of the Hon'ble Supreme Court of India in the case of Commissioner of Income-Tax Vs. Mahalakshmi Sugar Mills Co. Ltd. reported at [1986]…

M/S. Ajay Kumar Gupta (HUF), Delhi vs. ACIT, New Delhi

In the result, the appeal is allowed

ITA 5775/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2018AY 2010-11

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahuassessment Year:

Section 139(1)Section 139(4)Section 139(5)Section 154Section 234BSection 40Section 80C

…rcular No. 14 dated 11.04.1955 and also relied on the decision of Co-ordinate Bench of Delhi Tribunal in the case of ACIT vs. Technofab Engineering Ltd. (2009) TIOL 664 (ITAT Delhi). He has also relied on a judgment in the case of CIT vs. Remco International, 332 ITR 306 (P&H) and decision in the case of Goetz India Ltd. by Apex Court. Respectfully following the above judgments, cited by the assessee, we allow the appeal of the assessee and the assessee will get deduction of Rs.1 lakh claimed u/s. 80C of the Act. 10. In the result, the appeal is allowed Order pronounced in the open court on 24th October, 2018.…

M/S. Himalya International Ltd., New Delhi vs. ITO, New Delhi

In the result appeal of the assessee is allowed

ITA 1100/DEL/2017[2012-13]Status: DisposedITAT Delhi06 Aug 2018AY 2012-13

Bench: Shri Amit Shukla & Shri Prashant Maharishiassessment Year: 2012-13

For Appellant: Shri Vinod Bindal, CAFor Respondent: Ms. Shefali Swaroop, CIT(DR)
Section 139(1)Section 143(3)Section 80I

…ITR 323, if the claim has not been made before the AO by way of revised return then same can be made before the appellate authorities. This principle has been reiterated and explained by various judgments like in the case of CIT vs. Ramco International (2011) 332 ITR 306 (P&H). Accordingly, we hold that the claim of deduction u/s 80IC to the assessee cannot be denied simply because such a claim was not made in the return field u/s 139 (1) albeit was made in the revised return u/s 139(5) filed within the stipulated time provided in the said section; and further such a claim can always been entertained at the appe…

ITO, New Delhi vs. M/S. Himalaya International Ltd., Himachal Pradesh

In the result appeal of the assessee is allowed

ITA 3839/DEL/2015[2010-11]Status: DisposedITAT Delhi06 Aug 2018AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishiassessment Year: 2012-13

For Appellant: Shri Vinod Bindal, CAFor Respondent: Ms. Shefali Swaroop, CIT(DR)
Section 139(1)Section 143(3)Section 80I

…ITR 323, if the claim has not been made before the AO by way of revised return then same can be made before the appellate authorities. This principle has been reiterated and explained by various judgments like in the case of CIT vs. Ramco International (2011) 332 ITR 306 (P&H). Accordingly, we hold that the claim of deduction u/s 80IC to the assessee cannot be denied simply because such a claim was not made in the return field u/s 139 (1) albeit was made in the revised return u/s 139(5) filed within the stipulated time provided in the said section; and further such a claim can always been entertained at the appe…

ITO, New Delhi vs. M/S. Himalaya International Ltd., Himachal Pradesh

In the result appeal of the assessee is allowed

ITA 3838/DEL/2015[2009-10]Status: DisposedITAT Delhi06 Aug 2018AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishiassessment Year: 2012-13

For Appellant: Shri Vinod Bindal, CAFor Respondent: Ms. Shefali Swaroop, CIT(DR)
Section 139(1)Section 143(3)Section 80I

…ITR 323, if the claim has not been made before the AO by way of revised return then same can be made before the appellate authorities. This principle has been reiterated and explained by various judgments like in the case of CIT vs. Ramco International (2011) 332 ITR 306 (P&H). Accordingly, we hold that the claim of deduction u/s 80IC to the assessee cannot be denied simply because such a claim was not made in the return field u/s 139 (1) albeit was made in the revised return u/s 139(5) filed within the stipulated time provided in the said section; and further such a claim can always been entertained at the appe…