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Issues involved:
The judgment involves the issue of assessing long-term capital gain as short-term capital gain on the sale of shares of a demerged company, and the validity of a re-revised return filed beyond the prescribed time limit. Assessment of long-term capital gain: The assessee, an individual, initially declared total income but later filed a re-revised return claiming long-term capital gain instead of short-term capital gain on the sale of shares of a demerged company. The Assessing Officer (A.O.) rejected the re-revised return as non-est due to being filed beyond the time limit, relying on the decision in Goetze (India) Ltd. v. CIT. The Commissioner of Income-tax (Appeals) (CIT(A)) upheld the A.O.'s decision. The assessee appealed, citing various legal precedents to support the claim of long-term capital gain. The Tribunal found that the A.O. had not examined the issue on merits and remanded the matter back to the A.O. for fresh consideration, emphasizing the right of the assessee to claim deductions and refunds as per law. Legal precedents and Tribunal's decision: The Tribunal referred to legal precedents such as Mahindra Mills v. ACIT and CIT v. Sun Engineering Works Pvt. Ltd. to support the assessee's claim. It highlighted the Tribunal's authority to entertain additional grounds for a just decision, as seen in CIT v. Jai Parabolic Springs Ltd. The Tribunal emphasized that if an amount is legally deductible, the Tribunal can accept such a plea, as clarified in Nathpa Jhakri Joint Venture v. ACIT. Additionally, the Tribunal noted a CBDT circular emphasizing the assessee's responsibility to claim refunds and reliefs. The Tribunal's decision was based on the principle that the correct assessment of tax liability is paramount, allowing the assessee to raise valid legal claims even during appellate proceedings. Conclusion: The Tribunal partly allowed the assessee's appeal for statistical purposes, remanding the matter back to the A.O. for a fresh decision in accordance with law. The Tribunal stressed the importance of assessing tax liability correctly and providing the assessee with a fair opportunity to be heard. The judgment highlighted the assessee's right to claim deductions and refunds as per legal provisions, ensuring a just and lawful assessment process. Separate Judgment: No separate judgment was delivered by the judges in this case.
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