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2023 (11) TMI 1114 - ITAT KOLKATAPower of the appellate authority to allow the claim of deduction which was not claimed in the return of income - whether AO erred in not allowing the deduction u/s 24(b), 80C and 80D merely for the reason of clerical error in the return of income? - revenue cannot take advantage of mistake/ignorance of the assessee by placing reference to the Circular No. 14 of 1955 dated 11.04.1955 issued by the CBDT in which stated that the officers of the department must not take advantage of the ignorance of the assessee about his rights and it is their duty to assist the tax payer in every reasonable way particularly in the matter of claiming and securing relief - HELD THAT:- Since the assessee has failed to claim sum for interest of housing loan u/s 24(b), u/s 80C and u/s 80D respectively and the assessee in order to substantiate its claim placed before the ld. CIT(A) as well as before the Tribunal. The copy of Form No.16 showing of deduction u/s 24(b), 80C and 80D respectively, certificate from Axiz Bank in support of payment of interest of housing loan (deduction restricted upto and principal payment of housing loan as per certificate from the bank in support of deduction u/s 24(b) - We, therefore, direct the revenue to allow the claim of assessee as stated above. We respectfully consider the order of Goetz India Ltd, [2006 (3) TMI 75 - SUPREME COURT] Here, two issues are formulated, weather the unclaimed deduction can be claim before the assessing authority without filing the revised return and weather the power of the appellate authority can allow the claim of deduction which was not claimed in the return of income. We adjudicate the second issue. In our opinion the appellate authority has coterminous power to accept the deduction which was not claimed in ITR. So, the entire claim u/s 80C is eligible claim of deduction. During the hearing the assessee had submitted all relevant documents which are also considered by the appellate authority. We accept the claim of assessee related to deduction u/s 24(b), 80C & 80D of the Act. Accordingly, we set aside the order of the ld CIT(A) with a direction to allow the deduction, claimed by the assessee. Appeal of the assessee is allowed.
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