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2021 (8) TMI 1084 - AT - Income TaxRectification of mistake - error in filing the correct column in the return of income with correct figures have resulted into a huge demand - appellate authorities power to admit fresh claim - HELD THAT:- It is the assessee who has claimed to have made alleged mistake while filing return of income and now the assessee is resiling from its own position, thus, burden cast on assessee is very heavy. We are also of the view that the various documents/evidences filed by assessee in support of its contentions require verification. The claims of the assessee has been rejected by the CIT(A) only on the ground that returned income is accepted and secondly no revised return is filed. We have observed that Hon'ble Superior Courts have taken consistent view that appellate authorities have power to admit fresh claim, even if the same is not claimed through filing of revised return of income. Keeping in view entire factual matrix of the case and in the interest of fair play and justice, we remit the matter back to the file of the CIT(A) for fresh determination of the issue and to pass detailed/speaking order. Needless to say that learned CIT(A) has powers which are co-terminus with the powers of Assessing Officer. The ld. CIT(A) shall give proper and adequate opportunity of being heard to the assessee in accordance with principles of natural justice in accordance with law.
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