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2014 (3) TMI 768 - AT - Income TaxClaim of exemption u/s 11(1) of the Act – exemption not originally claimed – Revised return not filed - Whether the CIT(A) is justified in allowing the claim of the assessee trust u/s 11(1) of the Act – Held that:- The decision in CIT Vs. Pruthvi Brokers and Shareholders (P) Ltd. [2012 (7) TMI 158 - BOMBAY HIGH COURT] followed - the AO was satisfied about the claim of the appellant that the income declared in the return u/s.11(1B) was done erroneously, as on this claim made by the appellant during assessment, no adverse finding has been made - the claim of the appellant is not a claim for deduction of a benefit but was for exclusion of an amount which was not an income under the Income tax Act - what was more important to be considered was the concept of real income, which is the duty and the responsibility of the Assessing Officer to arrive at in any assessment proceeding. The AO was engaged in the process of making a scrutiny assessment and if he was satisfied, as the record shows, then he cannot hide under the shelter of a technicalities to tax a person in respect of an amount which is otherwise not taxable in law but has been so shown erroneously in the return - if the appellant has made the claim during the scrutiny assessment, the AO was not entertaining a claim for deduction but was to appreciate whether the receipt is an income or not - If an amount is not a taxable income, the same can become so only because it was included erroneously in the return - thus, the AO has erred in not accepting the claim of the appellant – thus, there is no infirmity in the order of the CIT(A) – Decided against Revenue.
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