2018 (10) TMI 1693 - AT - Income Tax

Deduction u/s 80IA - fresh claim made before AO in the course of assessment proceedings - mark to mark loss provisions written back, loss on cancellation of forward contracts incurred during the financial year 2011-12 and deduction U/s.80IA by giving due weightage to the statutory form No.10CCB filed during the course of assessment proceedings - HELD THAT - CIT(A) granted relief to the assessee by directing the Ld.AO to admit the fresh claim made before the AO during the course of assessment proceedings by relying in the very same decision rendered in the case Goetze India Ltd vs. CIT 2006 (3) TMI 75 - SUPREME COURT and CIT Vs. Abhinitha Foundation (P) Ltd., 2017 (6) TMI 604 - MADRAS HIGH COURT we find merit in the order of the Ld.CIT(A), who has rightly relied in the decision of the higher and apex judiciaries. As in the case National Thermal Power Company Ltd., vs. CIT 1996 (12) TMI 7 - SUPREME COURT has categorically held that the Tribunal has jurisdiction to decide on the question of law arising from the facts found by the Income Tax Authorities having bearing on the tax liability of the assessee - direct AO to admit the fresh claim made by the assessee in the course of assessment proceedings and adjudicate the same in accordance with law and merit after affording enough opportunity of being heard. Accordingly we hereby hold that the appeal of the Revenue is devoid of merits.

Summary

Issues:
Appeal against order of Commissioner of Income Tax (Appeals) - Admittance of fresh claim of deduction - Interpretation of statutory provisions - Jurisdiction of Tribunal to decide on questions of law - Relief granted by Commissioner of Income Tax (Appeals).

Analysis:

1. Admittance of Fresh Claim of Deduction:
The primary issue in this case revolved around the admissibility of a fresh claim of deduction made by the assessee during the assessment proceedings. The Revenue contended that the Commissioner of Income Tax (Appeals) erred in directing the Assessing Officer to admit the fresh claim. The claim included deductions related to mark to mark loss provisions written back, loss on cancellation of forward contracts, and deduction under Section 80IA of the Income Tax Act. The Revenue argued that deductions can only be claimed by filing a revised return of income. However, the Commissioner of Income Tax (Appeals) relied on judicial precedents, including the decision of the Hon'ble Supreme Court in Goetze India Ltd vs. CIT, to grant relief to the assessee and direct the Assessing Officer to admit the fresh claim.

2. Interpretation of Statutory Provisions:
The case involved a detailed analysis of the statutory provisions governing the admissibility of deductions and the process of making fresh claims during assessment proceedings. The Assessing Officer had initially refused to entertain the fresh claim made by the assessee, citing the requirement for filing a revised return of income. However, the Commissioner of Income Tax (Appeals) interpreted the relevant provisions in light of judicial decisions, particularly emphasizing that even if a claim was not part of the original or revised return, it could still be considered based on the material available on record. This interpretation played a crucial role in granting relief to the assessee.

3. Jurisdiction of Tribunal to Decide on Questions of Law:
Another significant aspect of the judgment was the discussion on the jurisdiction of the Tribunal to decide on questions of law arising from the facts found by the Income Tax Authorities. The Tribunal, in this case, relied on the decision of the Hon'ble Supreme Court in National Thermal Power Company Ltd. vs. CIT to assert its authority to adjudicate on legal issues impacting the tax liability of the assessee. By drawing strength from this precedent, the Tribunal directed the Assessing Officer to admit the fresh claim and adjudicate it in accordance with the law, emphasizing the importance of affording the assessee a fair opportunity to present their case.

4. Relief Granted by Commissioner of Income Tax (Appeals):
Ultimately, the Tribunal found merit in the order of the Commissioner of Income Tax (Appeals) and upheld the decision to grant relief to the assessee by allowing the fresh claim of deduction. The Tribunal highlighted the reliance on higher judicial authorities and the importance of following legal precedents in rendering its judgment. Consequently, the appeal of the Revenue was deemed devoid of merits, and the cross objections raised by the assessee in support of the Commissioner of Income Tax (Appeals) order were allowed to the extent of the relief granted. The final decision dismissed the appeal of the Revenue and upheld the relief granted to the assessee.

In conclusion, the judgment delved into complex issues surrounding the admissibility of deductions, interpretation of statutory provisions, the jurisdiction of the Tribunal, and the role of judicial precedents in guiding legal decisions. The detailed analysis provided clarity on the legal principles applied in the case and underscored the significance of following established legal frameworks in tax matters.