Goetze (India) Ltd. v. CIT

284 ITR 323Supreme Court of India2006#13 most cited

What is Goetze (India) Ltd. v. CIT authority for?

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

1,842

judgments rely on this decision, according to BharatTax’s citation analysis of 367,842 Indian tax judgments — from 2008 to 2026.

Also referred to as

Goetze (India) Ltd v CIT · new claim by assessee · additional ground · revised return of income · section 139(5) · Assessing Officer powers · CIT(A) powers · ITAT powers · assessment proceedings · fresh claim · 284 ITR 323

Also reported as

157 Taxmann 1204 CTR 182157 Taxmann.com 1

Issues it is cited on

Judgments citing Goetze (India) Ltd. v. CIT

Indu Bansal, Kolkata vs. CPC, Bangaluru

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

ITA 340/KOL/2021[2018-19]Status: DisposedITAT Kolkata08 Nov 2021AY 2018-19

Bench: Shri P.M. Jagtap, Hon’Ble Vice-(Kz)] [Through Virtual Court] I.T.A. No. 340/Kol/2021 Assessment Year: 2018-19 Smt. Indu Bansal.........................................................................................................................Appellant 240B, A.J.C. Bose Road, Kolkata – 700 020. [Pan: Adjpb 1715 F] Vs Cit(A), National Faceless Appeal Centre..................………………………………………....Respondent Appearances By: None Appearing On Behalf Of The Assessee Shri Jayanta Khanra, Jcit, Sr. Dr Appearing On Behalf Of The Revenue: Date Of Concluding The Hearing : November 08, 2021 Date Of Pronouncing The Order : November 08, 2021 Order

For Respondent: Date of concluding the hearing : November 08, 2021
Section 143(1)Section 80C

…ot find merit in the submission made by the assessee. According to him, there was no deduction claimed by the assessee under Chapter VI-A in the return of income and by relying on the decision of Hon’ble Supreme Court in the case of Goetze (India) Ltd. vs CIT 284 ITR 323, he held that the claim of deduction not made in the return cannot be entertained by the Assessing Officer otherwise than by filing a revised return. He accordingly dismissed the appeal of the assessee vide an appellate order dated 05.03.2021 which is impugned by the assessee in the present appeal filed before the Ld. CIT(A). 5. At the outset, i…

Saf Yeast Co. P.Ltd., Mumba vs. ACIT CC-7(1), Mumbai

Accordingly, ground No. 1 & 2 raised by the assessee is allowed

ITA 1800/MUM/2020[2013-14]Status: DisposedITAT Mumbai25 Oct 2021AY 2013-14

Bench: Shri S. Rifaur Rahman () & Shri Pavan Kumar Gadale () Assessment Year: 2013-14 Deputy Commissioner Of Income M/S Saf Yeast Co. Pvt. Ltd., Tax Cc-7(1), Vs. 419, Swastik Chambers, Room No. 653, Aayakar Bhavan, Chembur, M.K. Road, Mumbai-400071. Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2013-14 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2014-15 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent

For Respondent: Mr. Hemant Chimanlal Leuwa, DR
Section 80I

…the assessee preferred an appeal before the Ld. CIT(A) and before Ld. CIT(A), the assessee submitted that the bona fide claim can be entertained on the stage of appellate proceedings as per the Apex Court decision in the case of Goetze (India) Limited v. CIT 284 ITR 323 (SC). After M/s Saf Yeast Co. Pvt. Ltd. considering the submissions of the assessee, the Ld. CIT(A) observed that AO has not considered the claim for the reason that no revised return was filed to make this claim and hence the same was not allowable. Further, the Ld. CIT(A) observed that it is evident that the claim of the assessee is not a fres…

Dy CIT - CC- 7(1), Mumbai vs. M/S. Saf Yeast Co.Pvt. Ltd., Mumbai

Accordingly, ground No. 1 & 2 raised by the assessee is allowed

ITA 1714/MUM/2020[2013-14]Status: DisposedITAT Mumbai25 Oct 2021AY 2013-14

Bench: Shri S. Rifaur Rahman () & Shri Pavan Kumar Gadale () Assessment Year: 2013-14 Deputy Commissioner Of Income M/S Saf Yeast Co. Pvt. Ltd., Tax Cc-7(1), Vs. 419, Swastik Chambers, Room No. 653, Aayakar Bhavan, Chembur, M.K. Road, Mumbai-400071. Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2013-14 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2014-15 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent

For Respondent: Mr. Hemant Chimanlal Leuwa, DR
Section 80I

…the assessee preferred an appeal before the Ld. CIT(A) and before Ld. CIT(A), the assessee submitted that the bona fide claim can be entertained on the stage of appellate proceedings as per the Apex Court decision in the case of Goetze (India) Limited v. CIT 284 ITR 323 (SC). After M/s Saf Yeast Co. Pvt. Ltd. considering the submissions of the assessee, the Ld. CIT(A) observed that AO has not considered the claim for the reason that no revised return was filed to make this claim and hence the same was not allowable. Further, the Ld. CIT(A) observed that it is evident that the claim of the assessee is not a fres…