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In the instancecase, the assessee is in the business of providing consultancy and fund management, financial advisory wherein the expenditure and the revenue has to be taken into account in running accounting methods. We find that the revenue has primarily disallowed this expenditure because the assessee has fi led a revised return of income which were hitherto claimed under work in progress. Once, the assessee has realized that the claim was wrongly not made, the assessee has every right to revise the return indicating correct taxable income. What is to be examined is whether the claim of the assessee is correct or not but not whether the correct claim is filed with the original return or revised return. Since, the claim of the assessee can be accepted with regard to the expenditure involved as allowable expenditure for the year, we hereby hold that no disallowance on this account is required and the addition made is hereby directed to be deleted.

Shanti Prime Publication Pvt. Ltd.

Section 139 of the Income Tax Act, 1961 — Return — Once the assessee has realized that the claim was wrongly not made, the assessee has every right to revise the return indicating correct taxable income and what is to be examined is whether the claim of the assessee is correct or not but not whether the correct claim is filed with the original return or revised return and since, the claim of the assessee can be accepted with regard to the expenditure involved as allowable expenditure for the year. it was held that no disallowance on this account is required and the addition made is hereby directed to be deleted — Torrence Capital Advisors Pvt. Ltd. vs. Deputy CIT  [2020] 78 ITR [Trib] 96 (DEL)

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