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2011 (11) TMI 742 - HC - Income TaxDisallowance u/s 43B - Held that:- We find that though previously assessee had included said amount of ₹ 1.18,53,407/to be disallowed under Section 43B of the Act, even before the assessment was finalised, the assessee through its letter contended that same was purely an error and that exclusion would not apply to cash credit account since the same is not covered under Section 43B of the Act. To our mind this was a pure question of law. If under Section 43B of the Act such interest was not included, mere fact that assessee initially himself excluded in the return, would not prevent him to contend that same was erroneous and that correct treatment should be as per the statutory provisions. In that context CIT(Appeals) as well as Tribunal both were justified in entertaining such additional grounds. Had the entire issue being highly contested on facts and had such claim not being made in original assessment, could the same have been entertained by the Assessing Officer without revised return and whether consequentially higher authorities could have directed the Assessing Officer to examine the same are questions we are not required to go into.
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