“revised return”

Gvr Power & Infrastructure Limited, Kadiyam vs. ACIT, Circle - 2(1), Rajahmundry

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

offered to tax, but during the assessment proceedings, the assessee sought to withdraw the income offered otherwise than by revised return which is impermissible. The A.O. would not be in a position to entertain a revised claim to reduce the income offered to tax without revised return. Accordingly, rejected ... does not in any way relate to the power of the Assessing Officer to entertain a claim for deduction otherwise than by filing a revised return. In the circumstances of the case, we dismiss the civil appeal. However, we make it clear that the issue in this case is limited

M/S. Orissa State Co-Operative Handicrafts Corporation Limited, Bhubaneswar vs. DCIT, Circle-4(1), Bhubaneswar

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

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm M/S Orissa State Cooperative Vs. Dcit, Circle-4(1), Handicrafts Corporation Limited, Bhubaneswar At-D-2/3, Industrial Estate, Rasulgarh, Bhubaneswar स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaaao 0096 K (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Ambika Prasad Mohanty, Ar िाजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Dr सुनवाई की तािीख / Date Of Hearing : 14/05/2018 घोषणा की तािीख/Date Of Pronouncement 17/05/2018 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed This Appeal Against The Order Of Cit(A)-2, Bhubaneswar, Dated 28.06.2017, Passed In I.T.Appeal No.0039/2016-17, U/S.143(3)/250 Of The I.T.Act For The Assessment Year 2013-2014. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Has Not Pressed The Grounds No.2 & 3 Of The Grounds Of Appeal. Accordingly, We Dismiss The Ground Nos.2&3 As Not Pressed. 3. The Effective Grounds Of Appeal Are As Under :- 1. Ld Cit (Appeals) Is Wrong & Unlawful In Upholding The Decision Of Assessing Officer With Respect To Disallowance Of Interest Claimed By The Assessee U/S 80P(2) (D). Interest Income From Orissa State Co Operative Bank Ltd Being Another Co Operative Society To The Tune Of Rs. 30,37,898/-. 4. Thus Ld Cit (Appeals) Is Wrong In Holding That, The Whole Of Rs. 44,02,128/- Interest Income Is Income From Fixed Deposits & Is Neither Deductible U/S 80P(2)(D) Nor Eligible For Set Off Against Carried Forward Loss For Being Income From Other Sources.

against carried forward loss for being income from other sources. 2 5. The appellant craves leave of granting permission of considering the revised return filed by the assessee, by the A.O, which has not been considered at the time of assessment, which is in line with the subject matter ... find that this ground of appeal does not emanates from the order of CIT(A) and also the ld. AR submitted that revised return filed by the assessee has not been considered by the AO. We also find that this ground also does not emanate from the order

Mr. Manoj Kumar Nayak, Bhubaneswar vs. DDIT, International Taxation, Bhubaneswar

In the result, the appeal of the assessee is allowed for statistical purposes

Orissa), if there is any mistake in the return filed, the same can only be corrected by way of filling a revised return and not by way of filing a petition before the AO. Accordingly, we are of the substantive view that the order of the Tribunal be recalled ... Court has held that if there is any mistake in the return filed, the same can only be corrected by way of filling a revised return and not by way of filing a petition before the AO. The observation of the Hon’ble High Court is as under