TMI Blog2014 (12) TMI 975X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the assessee diligently even before the CIT(A) - when an appeal is a continuation of the original assessment proceedings, the Tribunal was justified in relying upon RAMLAL, MOTILAL AND CHHOTELAL Versus REWA COALFIELDS LTD.[1961 (5) TMI 54 - SUPREME COURT] - wherein it is held that the State authorities should not raise technical pleas if the citizens have a lawful right - the authorities under the Act are required to ensure that only legitimate taxes due are assessed and collected – Tribunal rightly upheld the findings of the CIT(A) that the assessee is eligible for deduction u/s 80IC – thus, the order of the Tribunal is upheld – Decided against revenue. - T. C. (A). No. 878 of 2014 - - - Dated:- 18-11-2014 - R. Sudhakar And R. Karu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act was made after adjusting the claim of deduction under Section 80IC of the Act against the income returned and thereby arrived at Nil income. 2.2. The said return filed by the assessee was processed under Section 143(1) of the Act and the Assessing Officer computed the tax on the total income as declared under normal computation and determined the tax payable at ₹ 50,67,731/- and ignored the computation under Section 115JB of the Act. Therefore, the appellant filed a rectification petition on 28.4.2009 on the ground that there was omission to allow their claim for deduction under Section 80IC to the tune of ₹ 1,56,48,973/- under normal computation and also sought for credit for the TDS amounting to ₹ 5,12,227/-. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act are required to assist him and ensure that only legitimate taxes due are collected. 11. In view of the above, we do not find any good reason to interfere with the order of the ld. CIT(A). It is confirmed. The ground of appeal of the Revenue is dismissed. 2.5. Assailing the said order, the Department has preferred this appeal on the questions of law, referred supra. 3. Heard Mr.T.R.Senthil Kumar, learned Standing Counsel appearing for the appellant and perused the orders passed by the Tribunal and the authorities below. 4. The facts of the present case make it clear that the assessee has filed a petition under Section 154 of the Act at the earliest point of time seeking revision of intimation under Section 143(1) of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
