Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (5) TMI 582 - AT - Income TaxAllowability of claim u/s 10A of the Act – Claim not made in original return - Whether the claim of the assessee regarding deduction u/s 10A is allowable if the claim was made u/s 10B in the return of income – Held that:- CIT(A) was of the view that the assessee did make the claim though, because of a technical error, the claim was made u/s 10B instead of 10A - quoting of wrong section should not deprive the assessee from claiming deduction so long as the other conditions for making such claim are satisfied – Relying upon circular issued by the CBDT dated 11.04.1955 wherein it was observed that it is the duty of the AO to guide the assessee with regard to eligibility to claim deduction - Revenue admitted that the assessee fulfilled all the other conditions necessary for the purpose of claiming deduction u/s 10A though he has not specifically mentioned the provisions before the AO - at least before the CIT(A) all the facts are on record and they have been taken into consideration – the order of the CIT(A) is upheld – Decided against Revenue.
|