2013 (10) TMI 1456 - AT - Income Tax

Summary

Issues Involved:
The appeal involves the following issues:
(a) Non-consideration of revised return of income filed by the assessee.
(b) Confirmation of disallowance made u/s. 40(a)(ia) of the Act in respect of the advertisement expenses.
(c) Non-consideration of claim for deduction of "loss on clearance sale."

Non-consideration of Revised Return of Income:
The assessee filed a revised return of income after a search and seizure operation by the Department, disallowing advertisement charges and claiming a deduction for "loss on clearance sale." The Assessing Officer (AO) did not consider the revised return, deeming it an afterthought. The Ld. CIT(A) also upheld this decision, citing previous cases. However, the ITAT found that the AO and Ld. CIT(A) were not justified in rejecting the revised return as it was filed within the prescribed time limit u/s 139(5) of the Act. The ITAT directed the AO to complete the assessment based on the revised return.

Disallowance of Advertisement Expenses and Loss on Clearance Sale:
The AO disallowed the advertisement expenses u/s. 40(a)(ia) based on the revised return. The Ld. CIT(A) confirmed this disallowance and rejected the claim for deduction of "loss on clearance sale" due to lack of supporting evidence. The ITAT held that since the AO did not consider the revised return, all issues need fresh examination. The ITAT directed the AO to conduct a de-novo assessment based on the revised return, setting aside the Ld. CIT(A)'s order on all issues.

Conclusion:
The ITAT allowed the appeal for statistical purposes, emphasizing the importance of considering the revised return of income and conducting a fresh assessment based on it. The decision highlighted the procedural errors in rejecting the revised return and the need for a comprehensive reassessment by the AO.