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TMI Blog2012 (7) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... ar that the decision was restricted to powers of the assessing authority to entertain a claim for deduction otherwise than by a revised return and did not impinge on the power of the Appellate Tribunal u/s 254 of the Act. Hence, exercising our power, we restore this matter back to the file of the AO with a direction to consider the claim of the assessee on merits after giving effective opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the appeal, let us go into the merits of the case. The brief facts of the case are that the assessee is a co-operative bank doing banking business. For the assessment year 2007-08, the assessee e-filed return of income declaring income of ₹ 1,46,25,420/-. The AO, while processing the return u/s 143(3) noticed that the assessee had made a provision for bad and doubtful debts of ₹ 50 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his order of the AO, the assessee moved the matter in appeal before the first appellate authority. The first appellate authority, after considering the facts of the case and the submissions of the assessee, confirmed the order of the AO following the decision of the Apex Court in the case of Gotze (India) Ltd. (supra). According to her, claiming of deduction by way of letter to the AO would not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the powers enshrined to the Assessing Officer to allow all legitimate deductions under the Income tax Act 1961 to the appellant even though not claimed. 4. At the time of hearing, learned AR of the assessee reiterated the grounds of appeal as his submissions. Per contra, learned Departmental Representative submitted the contents of the CIT(A)'s order as his submissions. 5. We have heard rival ..... X X X X Extracts X X X X X X X X Extracts X X X X
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