before the Commissioner of Income Tax (Appeals) (for short, ‘CIT (Appeals)’). By the order dated 21st July 1993, the CIT (Appeals) dismissed the appeal on the ground that in view of Section 139(5) of the IT Act, the revised return filed on 29th October 1991 was barred by limitation. Civil Appeal No.6274 of 2013 Page 1 of 72. Being aggrieved, 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.