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 367,518 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

Nagar Urban Co-Operative Bank Limited, Ahmednagar vs. Deputy Commissioner of Income-Tax, Ahmednagar Circle, Ahmednagar

In the result, the appeal of the assessee stands partly allowed for statistical purposes

ITA 2555/PUN/2017[2012-13]Status: DisposedITAT Pune24 Mar 2021AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2555/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13 Nagar Urban Co-Operative Bank Ltd., Post Box No.7, Central Bank Road, Ahmednagar-414001. .......अपीलाथ" / Appellant Pan : Aaaan0509L बनाम / V/S. Dcit, Ahmednagar Circle, ……""यथ" / Respondent Ahmednagar. Assessee By : None Revenue By : Shri Vitthal Bhosale सुनवाई क" तारीख / Date Of Hearing : 23.03.2021 घोषणा क" तारीख / Date Of Pronouncement : 24.03.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)- 2, Pune (‘Cit(A)’ For Short) Dated 20.07.2017 For The Assessment Year 2012-13. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. That The Learned Acit Ahmednagar Has Erred On The Facts & In The Circumstances In Not Allowing Claims Made During The Course Of Hearing For Exempted Income Of Dividend Of Rs. 1487135/- & Expenses Debited To P & L A/C On Account Of Depreciation On Govt. Securities Rs. 11200000/- To Be Allowed As Exempted Income As Well As Allowable Expenses & The Same Were Also Dismissed By The Commissioner Of Income Tax (Appeals) Ii Pune. 2. That Your Appellant Prays That He May Be Allowed To Add, To Alter Or Amend The Above Grounds Of Appeal.”

For Appellant: NoneFor Respondent: Shri Vitthal Bhosale
Section 41(1)

…ot allowed the claims on the ground that the issues had not arisen out of the assessment order, the claims were not made in the original return of income placing reliance on the decision of the Hon’ble Supreme Court in the case of Goetze (India) Ltd. vs. CIT, 284 ITR 323. 3 6. Being aggrieved, the appellant is before us in the present appeal. 7. When the matter was called on, none appeared on behalf of the assessee despite due service of notice. On the other hand, the ld. CIT-DR argued that claim not made in the original return of income cannot be made for the first time before the ld. CIT(A). Thus, he supported…

Lord Krishna Rice Mills, Karnal vs. ITO, Ward-2, Karnal

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 9009/DEL/2019[2014-15]Status: DisposedITAT Delhi18 Mar 2021AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Lord Krishna Rice Mills, Vs Ito, C/O S.B. Gupta, Advocate, Ward-2, 3/93, Mall Road, Karnal. Karnal, Haryana. Pan : Aabfl5926H (Appellant) (Respondent) Assessee By : None Revenue By : Mrs. Shivani Bansal, Sr. Dr Date Of Hearing : 10.03.2021 Date Of Pronouncement : 18.03.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27Th September, 2019 Of The Cit(A), Karnal, Relating To The Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Partnership Firm & Derives Income From Manufacturing & Trading Of Rice By Husking Of Paddy & Sales Thereof. It Filed Its Return Of Income On 25Th September, 2013 Declaring An Income Of Rs.3,41,830/-. The Ao Completed The Assessment U/S 143(3) Of The Act On 15Th February, 2016 Determining The Total Income Of The Assessee At Rs.7,65,330/- Wherein He Made Certain Additions. During The Course Of Assessment Proceedings, The Assessee Has Claimed Additional Depreciation On Purchase Of Machinery Of Rs.1,17,14,501/-. The Claim Of The Assessee For Additional Depreciation Was Rejected By The Ao Keeping In View Of The Decision Of The Hon’Ble Supreme Court In The Case Of M/S Goetze (India) Ltd. Vs. Cit Reported In 284 Itr 323, Since The Said Additional Depreciation Was Not Claimed By The Assessee Either In The Original Return Or Through The Revised Return.

For Appellant: NoneFor Respondent: Mrs. Shivani Bansal, Sr. DR
Section 143(3)Section 254Section 32(1)

…nal depreciation on purchase of machinery of Rs.1,17,14,501/-. The claim of the assessee for additional depreciation was rejected by the AO keeping in view of the decision of the Hon’ble Supreme Court in the case of M/s Goetze (India) Ltd. vs. CIT reported in 284 ITR 323, since the said additional depreciation was not claimed by the assessee either in the original return or through the revised return. 3. Before the CIT(A), apart from challenging the other additions, the assessee challenged the order of the AO in denying the claim of additional depreciation which is the subject matter of appeal before the Tribuna…