Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (1) TMI 777 - AT - Income TaxGranting the exemption u/s. 10(26B) - CIT-A allowed deduction - As per revenue since as per ITR-7 of the e-filed return, the assessee has himself denied the claim of exemption u/s.10 and therefore, Ld. CIT(A) has erroneously allowed exemption to the assessee, which was never claimed by the assessee - HELD THAT:- The assessee is claiming that same is by way of typographical error only. We are of the opinion that when in the main schedule, the amount claimed under section 10 has been duly mentioned, the error while typing on front page of the return of income should be ignored. The assessee cannot be penalized merely for unintentional typographical error while filling information in the return of income. Substance should be preferred over the form while exercising the quasi judicial function by the Assessing Officer. CIT(A) has duly forwarded the additional evidences to the Assessing Officer and after taking into consideration his comments and rejoinder of the assessee and the history of past and subsequent years, has allowed the appeal of the assessee. In our opinion, there is no infirmity in the order of the Ld. CIT(A) on the issue in dispute and we, accordingly, we uphold the same. The ground No. 1 of the appeal of the Revenue is accordingly dismissed.
|