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2009 (1) TMI 276 - HC - Income TaxOriginal return filed late claiming exemption u/s 10(23C) under bonafide belief – revised return claiming exemption u./s 11 - we are of the view that the Assessing Officer has treated the revised return as “non est” wrongly for the reason that the Assessing Officer himself has passed the order under section 143(3) on the basis of the original return where the assessee was legally entitled for the exemption under section 11, if not under section 10 (23C). The Department should not take advantage of the ignorance of the assessee as per the Central Board of Direct Taxes Circular No. 14 (XL-35)/1955 dated April 11, 1955, quoted in Parekh Brothers v. CIT. Hence, it was the duty of the Assessing Officer to ask information from the assessee at the time of scrutiny but he has not asked any information before completing the assessment under section 143(3) of the Act.
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