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 367,368 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

Indusind Bank Limited, Mumbai vs. Pr. Commissioner of Income Tax -2, Mumbai

In the result, the appeal of the assessee is hereby ordered to be allowed

ITA 2588/MUM/2019[2013-14]Status: DisposedITAT Mumbai28 Aug 2019AY 2013-14

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.2588/Mum/2019 (ननधधारण वर्ा / Assessment Years: 2013-14) बनधम/ M/S. Indusind Bank Ltd Pr. Chief Commissioner Of 8Th Floor, Tower No.1, Income-Tax-2 Vs. Room No.344, 3Rd Floor, One India Bulls Centre, Aayakar Bhavan, M.K. 841, Senapati Bapat Marg, Road, Mumbai-400020. Elphistone Road, Mumbai- 400013. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaci1314G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Karthik Natarajan (Ar) Revenue By: Shri Awungshi Gimson (Dr) सुनवाई की तारीख / Date Of Hearing: 07/08/2019 घोषणा की तारीख /Date Of Pronouncement: 28/08/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 28.03.2019 Passed By The Principal Commissioner Of Income Tax-2, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2013-14 In Which The Principal Commissioner Of Income Tax-2 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. 2. The Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 29.11.2013 Declaring Total Income To The Tune Of Rs.1556,56,31,880/- For The A.Y. 2013-14. Thereafter, The Assessment Was Completed U/S 143(3) Of The Act On 28.12.2016 Assessing The Total Income To The Tune Of Rs.1725,96,68,536/-. On Verification, It Was Found That The Order Dated 28.12.2016 Was Prejudicial To The Interest Of The Revenue & Requires Revision. The Notice Was Issued To The Assessee On The Following Grounds: - “On Examination Of The Records It Is Seen That Deduction To The Tune Of Rs.3,22,50,564/- Has Been Allowed To The Assessee U/S 35D Of The I.T. Act, 1961. However, It Was Noticed That The Said

For Appellant: Shri Karthik Natarajan (AR)For Respondent: Shri Awungshi Gimson (DR)
Section 143(3)Section 263Section 35D

…2)/remand report2016-17 dated 27.06.2016 in which the AO stated that assessee has not claimed the said expenses either in the original or in the revised return and submitted that in view of the decision of Hon’ble Supreme Court in the case of Goetz India Ltd. 284 ITR 323 and Gurjargravurs Pvt. Ltd. 111 ITR 1 wherein it has been held that if claim is not made before the AO, the AAC can not entertain such claim in the appeal proceedings. The AO stated that the assessment order was passed after giving reasonable and adequate opportunities to the assessee and therefore requested to uphold the disallowance. 19. The Ld…

Sri Selvalakshmi Srinivasa Educational and Charitable Trust, Salem vs. ACIT(E), Salem

In the result, the assessee’s appeal is treated as allowed for statistical purposes

ITA 917/CHNY/2019[2015-16]Status: DisposedITAT Chennai27 Aug 2019AY 2015-16

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं./I.T.A.No.917/Chny/2019 ("नधा"रण वष" / Assessment Year: 2015-16) Sri Selvalaxmi Srinivasa Vs The Income Tax Officer, Educational & Charitable Exemption Ward, Trust, Salem 20/45, Cauvery Nagar, Mettur Dam, Salem. Pan: Aadts7299C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri S. Balamurugan, Ca ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan,Jcit सुनवाई क" तार"ख/Date Of Hearing : 27.08.2019 घोषणा क" तार"ख /Date Of Pronouncement : 27.08.2019

For Appellant: Shri S. Balamurugan, CAFor Respondent: Shri AR.V. Sreenivasan,JCIT
Section 11(2)Section 12ASection 143(1)Section 154

…Officer and a copy before the Ld.CIT(A) and relied on the decision of the Hon’ble Supreme Court in the case of CIT vs. Nagpur Hotel Owners Association, supra, following the decision of the Hon’ble Supreme court in the case Goetze India Ltd v. CIT reported in 284 ITR 323, we direct the Assessing Officer to consider the Form No.10A and its enclosure, afresh, as to whether they are in accordance with the law and if they are in accordance with the law to allow the relief. The assessee shall furnish relevant material before the Assessing Officer and comply 4 with the requirements of the Assessing Officer in accordan…