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2011 (12) TMI 223 - AT - Income TaxRectification of mistake u/s 154 – enhanced compensation received on acquisition of land and interest thereon – compensation claimed to be exempt u/s 10(37) and interest was taxable – A.O. processed the return u/s 143(1) – assessee applies for rectification and seeks enhancement of interest from Rs. 58,974/- as shown in the return of income to Rs. 14,67,470/- and its inclusion in the enhanced compensation - also claims exemption of the whole amount of enhanced compensation including interest u/s 10(37) - appellant did not furnish such details and material in the return of income, which was processed u/s 143(1) – Held that:- The claim of the assessee that the interest received by him is exempt u/s 10(37) would require examination of the claim in the light of the provisions of section 10(37), which cannot be undertaken in proceedings u/s 154. It is a matter of debate as to whether the impugned interest is at all eligible for exemption u/s 10(37). Therefore such claim cannot be considered u/s 154. Assessee is trying its case to be reviewed in the light of the recent judgment of Supreme court in the garb of seeking rectification - Section 154 does not contemplate review of an order already passed. Further, section 154(2)(b) provides that mistake which has been brought to notice "by the assessee"could be rectified. In the present case, application has been signed by assessee's representative. Assessee himself has not brought any mistake to the notice of the A.O. A representative can represent the assessee but he cannot substitute the assessee for all intent and purpose. - Decided against the assessee.
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