TMI Blog2013 (3) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... - assessee on its own before the assessment was finalized, penalty was not justified. The fact of the clerical error was also fortified by the fact that the advance tax had been paid by the respondent - assessee at the rate of 30% and not at the rate of 10%. - IT Appeal (L) No. 355 of 2013 - - - Dated:- 13-3-2013 - J.P. Devadhar AND M.S. SANKLECHA, JJ. Tejveer Singh for the Appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the notice of the assessing officer. The respondent - assessee pointed that the tax payable on the capital gains was at the rate of 30% at which rate even the advance tax had been paid. Consequent thereto, the respondent - assessee filed revised computation on the basis of tax being payable at the rate of 30%. The assessing officer completed the assessment without granting the claim for refund ..... X X X X Extracts X X X X X X X X Extracts X X X X
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