Fresh claim can be made in return filed under section 153 A , which was not claimed in original return

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Fresh claim can be made in return filed under section 153 A , which was not claimed in original return

 

Hon’ble Bombay High Court in the case of CIT vs B.G Shirke Construction Technology Pvt Ltd [2017] 79 taxmann.com 306 (BOM) held that:

“A return filed u/s 153A is a return furnished u/s 139 and therefore, provisions of the Act which apply to return filed in regular course u/s 139(1), would also continue to apply in case of return filed u/s 153A.”

In view of the above as the appellant’s return was filed and assessed under section 153A and this return is treated as a valid return for the said assessment under section 153A, it is a return under section 139(1) filed by the appellant

ITAT, Pune Bench in the case of Sanjay Nandlal vs. ITO (ITAT, Pune) ITA No. 771 to 774/PN/2010 dated 23.12.2011 wherein carry forwards of increase in business loss claimed in 153A return was allowed by the Bench by holding that restrictive provisions of Section 80 do not apply to return accepted and assessed u/s. 153A of the Act

Hon’ble Delhi High Court in the case of Principal Commissioner of Income Tax vs. Neeraj Jindal (2017) 393 ITR 1 (Delhi) wherein the Hon’ble High Court held that once the assessee files a revised return under section 153A, for all other provisions of the Act, the revised return will be treated as the original return filed under section 139 of the Act.

ITAT Chennai in ACIT, Central Circle – 1(3), Chennai Vs. V.N. Devadoss [2013] 32 taxmann.com 133 wherein claim of deduction made for the first time in 153A return was duly allowed holding that returns filed by the assessee under Section 153A are to be treated as returns filed under Section 139(1)

Delhi ITAT in S Splendor Landbase Ltd.,, New … vs Acit, New Delhi on 6 June, 2018-I.T.A. No.2461/DEL/2016

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