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TMI Blog2014 (4) TMI 824X X X X Extracts X X X X X X X X Extracts X X X X ..... turn - When all materials necessary to examine the nature of disallowance to be made u/s 14A of the Act are already on record and when once AO as well as CIT (A) have already considered the issue and given detailed findings, it would be appropriate for the Tribunal to give its final conclusive opinion on the entire issue – thus, the issue is placed before the Tribunal for consideration – Decided p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t appreciating the fact that the assessee can only make a new claim which was not made in the original return by way of filing a revised return u/s. 139(5)? 2. We have heard the learned counsel for the parties and in the facts of the case, propose to dispose of this Tax Appeal at this stage. 3. Briefly stated the facts are that the Assessing Officer by his order of assessment for the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e deleted and for which he placed reliance the decision of Hon. Calcutta High Court and the decision of Supreme Court. We find that this ground was not taken by the assessee before A.O. and CIT(A). AO had proceeded on the basis of the suomoto disallowance made by the Assessee. Thus the AO or CIT(A) did not had any opportunity to examine the aforesaid contention and therefore there is no finding on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re (rounded off) made by the assessee in the return filed was not justified. The stand of the Revenue is that when the assessee had filed a return in which the disallowance noted above was offered suo motu, the assessee could not have resiled from such position without filing a revised return. The Tribunal did not accept this contention and remitted the entire issue back for consideration before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Mitesh Impex. 8. When we are placing the entire issue for consideration before the Tribunal, we would not like to make any conclusive observations on the rival contentions. We leave it for the Tribunal to hear both the parties and give its conclusive findings as found appropriate in law. 9. Under the circumstances, the appeal is partly allowed. The Tribunal s judgment on the issue on hand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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