1

Commissioner (A) is not empowered to enhance income a new source of income vide 82ITR 9Trib) 176
1

It is assessee’s choice to select a method for determining FMV of shares vide 81 ITR (Trib) (SN) 78
1

No TP adjustment of trade receivables in case of a debt-free company vide 81ITR (Trib) (SN) 94
1

To accord registration as a charitable institution under income tax dominant purpose must be charitable and satisfies the conditions laid down us 2(15) vide 426ITR108 despite having non charitable ancillary objects meant to achieve the dominant purpose
1

Transactions with dubious entities is reason enough for case reopening vide 421ITR624

Fresh claims before ITAT

ByCA Gopal Nathani

Jul 17, 2021

The ITAT has powers to entertain fresh claims even when one misses on a claim in the return

, reaffirms High Court in [2021] 18 ITR-OL 47 (Kar) Nd in this scenario there is no need to remand as is otherwise required under rule 46A.

The High court following SC dictum in NTPC case held that the Tribunal under the law may pass such orders as it thinks fit after giving both the parties an opportunity of being heard and there is no reason to restrict the power of the Tribunal only to decide the grounds which arise from the order of the Commissioner of Income-tax (Appeals).

In this case, the assessee made a claim for deduction of prior period expenses the first time before CIT(A) who rejected the claim without going into merits.

Perhaps it is therefore better to lodge fresh/missing claims directly before the ITAT to bypass rule 46A rigmarole.