CIT v. Perlo Telecommunication and Electronic Components India (P) Ltd. (2022) 141 taxmann.com 387 (Mad.)(HC) Editorial: Notice issued in SLP filed by Revenue, CIT v. Perlo Telecommunication and Electronic Components India (P) Ltd. (2022) 288 Taxman 399 (SC)

S. 37(1) : Business expenditure-Revised return-Revised computation claiming further loss during scrutiny assessment-Direction to consider the claim on merits is held to be justified. [S. 139(5), 254(1)]

The assessee-company had claimed certain amount of business expenditure during original assessment proceedings and during scrutiny of assessment had filed a revised computation of income claiming further loses, Tribunal  directed the Assessing Officer to entertain claim on merits and decide the issue. On appeal High Court affirmed the order of the Tribunal and held that the Tribunal was justified in allowing said claim of deduction made through revised computation and not through a revised return of income since assessee had not claimed any additional deductions or exemption or made a fresh claim. Referred  Circular No 14(XI-35 dt 11-4-1955, CIT v. Pruthvi Brokers & Shareholders (2012)349 ITR 336(Bom)(HC)   (AY. 2008-09)