TMI Blog2014 (12) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... - assessee had duly intimated the AO about the wrong statement in original return of income before the intimation u/s 143(1)(a) was passed and had also furnished the revised computation of income with a request to treat the original return, revised to that extent - the assessee had intimated the AO about the wrong statement given by him at the time of filing of the return of income, but the same was not considered by the AO – the order of the Tribunal is upheld – Decided against revenue. - TAX APPEAL NO. 38 of 2001 - - - Dated:- 25-11-2014 - MR. KS JHAVERI AND MR. K.J.THAKER, JJ. MR PRANAV G DESAI, ADVOCATE FOR THE APPELLANT ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. By way of this appeal, the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tantial questions of law: ( A) Whether on the facts and in the circumstances of the case, the Appellate Tribunal has substantially erred in law in confirming the order passed by the CIT(Appeal) admitting additional evidence in contravention of Rule 46A, by directing the Assessing Officer to consider the contents of the alleged letter dated March 19, 1995 and to recompute the additional tax accordingly, without giving any opportunity to the Assessing Officer ? (B) Whether on the facts and in the circumstances of the case, the appellate Tribunal has substantially erred in law in confirming the order passed by the CIT(Appeal) when the aseesee had filed an application for rectification under Section 154 dated August 10, 1995 wherein no me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letter and its corresponding entry dispatch register of Assessee company. There is no question of entertaining any new evidence as same was already on the record of Assessing Officer. CIT(A) also observed that as per the provisions of Section 139(1) if any person having furnished a return u/s.139(1) discovers any omission or any wrong statement there in, he may furnish a revised return at any time before, expiry of one year, from the end of the relevant Asstt. Years or before completion of assessment order, whichever is earlier. The assessee vide its letter dated 19.03.1995 had duly intimated the Assessing Officer about the wrong statement in original return of income before the intimation under Section 143(1)(a) was passed and had also fur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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