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2016 (12) TMI 53 - AT - Income TaxUnpaid Provision of leave encashment - revised return filed by assessee - Held that:- The claim made by the assessee ought to have been examined on merit and not shut-out in a superficial manner. Obviously, the claim of the assessee is based on the fact that there is an error in the reporting of the unpaid Provision for leave encashment in the audit report but the claim has been rejected without subjecting it to any kind of verification. Under these circumstances and considering that the revised return filed on 13/10/2005 was within the period prescribed under section 139(5) of the Act and that the original return was filed within the period prescribed under section 139(1) of the Act, the Assessing Officer was bound to take cognizance of the revised return filed on 13/10/2005 and consider the plea of the assessee on merits having regard to the material sought to be relied upon by the assessee before him. On the failure of the lower authorities to do so, we deem it fit and proper to set-aside the order of the CIT(A) and direct the Assessing Officer to take cognizance of the third revised return filed on 13/10/2005 and consider the plea of the assessee relating to the unpaid Provision of leave encashment on merits having regard to the material that the assessee seek to rely before him.
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