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TMI Blog2024 (10) TMI 313X X X X Extracts X X X X X X X X Extracts X X X X ..... not regarding the power of the assessing officer to consider the claim after the revised return was barred by time. This Court considered the appellate power of the Appellate Tribunal under Section 254 of the IT Act. In this case, the Court did not consider the question of the power of the assessing officer to consider a claim made after a revised return was barred by time. This Court considered the appellate powers of the Tribunal u/s 254. Moreover, this was a case where the department gave no objection for enabling the assessee to set up a fresh claim. In the case of Goetzge (India) Ltd [ 2006 (3) TMI 75 - SUPREME COURT] this Court held that the assessing officer cannot entertain any claim made by the assessee otherwise than by following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, the appellant-assessee preferred an appeal before the Income Tax Appellate Tribunal (for short, the Tribunal). The Tribunal partly allowed the appeal by remanding the case back to the file of the assessing officer. The assessing officer was directed to consider the assessee s claim regarding the deduction of deferred revenue expenditure. The respondent Department preferred an appeal before the High Court of Judicature at Madras. By the impugned judgment, the High Court proceeded to set aside the order of the Tribunal on the ground that after the revised return was barred by time, there was no provision to consider the claim made by the appellant. SUBMISSIONS 3. The learned counsel appearing for the appellant has taken us through the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arding the power of the assessing officer to consider the claim after the revised return was barred by time. This Court considered the appellate power of the Appellate Tribunal under Section 254 of the IT Act. Paragraphs 10 and 11 of the said decision in the case of Wipro Finance Ltd1 read thus:- 10. The learned ASG appearing for the department had faintly argued that since the appellant in its return had taken a conscious explicit plea with regard to the part of the claim being ascribable to capital expenditure and partly to revenue expenditure, it was not open for the appellant to plead for the first time before the ITAT that the entire claim must be treated as revenue expenditure. Further, it was not open to the ITAT to entertain such fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Goetze (India) Ltd. itself make it amply clear that such limitation would apply to the assessing authority , but not impinge upon the plenary powers of the ITAT bestowed under Section 254 of the Act. Civil Appeal No.6274 of 2013 Page 5 of 7 In other words, this decision is of no avail to the department. ( emphasis added ) In this case, the Court did not consider the question of the power of the assessing officer to consider a claim made after a revised return was barred by time. This Court considered the appellate powers of the Tribunal under Section 254 of the IT Act. Moreover, this was a case where the department gave no objection for enabling the assessee to set up a fresh claim. 6. In the case of Goetzge (India) Ltd2, this Court held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee under section 139(5) can only substitute its original return under section 139(1) and cannot transform it into a return under section 139(3), in order to avail of the benefit of carrying forward or set-off of any loss under section 80 of the Income-tax Act. The assessee can file a revised return in a case where there is an omission or a wrong statement. But a revised return of income, under section 139(5) cannot be filed, to withdraw the claim and subsequently claiming the carried forward or setoff of any loss. Filing a revised return under section 139(5) of the Income-tax Act and taking a contrary stand and/or claiming the exemption, which was specifically not claimed earlier while filing the original return of income is not permissib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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