ACIT, NEW DELHI vs. SH. RAHUL JUNEJA, FARIDABAD
In the result, appeal of the Revenue is dismissed
ITA 4568/DEL/2015[2011-12]Status: DisposedITAT Delhi29 Dec 2017AY 2011-12
Bench: Sh. O.P. Kant & Sh. K.N. Charyassessment Year: 2011-12 Acit, Vs. Sh. Rahul Juneja, Circle 31(1), New Delhi Plot No. 29, Dlf Indl. Area, Phase-I, Faridabad Pan : Aafpj2485F (Appellant) (Respondent) Appellant By Sh. Ravi Kant Gupta, Sr.Dr Respondent By Sh. Rajesh Malhotra, Ca Date Of Hearing 21.12.2017 Date Of Pronouncement 29.12.2017 Order Per O.P. Kant, A.M.:
Section 139(5)Section 143(2)Section 143(3)Section 195Section 40Section 5(2)(b)Section 9(1)
…once the revised return is filed ,the original return must be taken to have been withdrawn and to have been substituted by a fresh return for the purpose of assessment. The Hon’ble Mumbai Tribunal in the case of Franco-Indian Pharmaceuticals Pvt. Ltd v/s ITO 3 ITR (Trib) 754(Mum) wherein the assessee filed its return of income claiming deduction of Rs.37,90,949/- as bad debts. During the course of assessment proceedings, the assessee by way of a letter made an additional claim of deduction of Rs.50,73,993/- as bad debts on the ground that there was a 9 short claim in the original return of income. The Assessing…