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TMI Blog2016 (5) TMI 201X X X X Extracts X X X X X X X X Extracts X X X X ..... allowance amounting to Rs. 2,95,98,463 whereas, the assessee itself had declared Rs. 2,52,18,534 as profit in Column 43 of P&L A/c in its Return of Income and declared "NIL" taxable income in Schedule BP without setting off the above income or claiming any exemption or deduction whatsoever. 3. On the facts and in the circumstances of the case the learned CIT(A) erred in law in holding that all of the additions/ disallowances made by the AO are exempt by placing reliance on her earlier order for AY 2005-06, without appreciating the fact that the assessee has not claimed any exemption u/s 10 or any deduction under Chapter VIA in its Return of Income filed, which is the subject matter of appeal for AY 2010-11 an the same cannot be allowed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . CIT (A) has decided the appeal of the assessee by allowing the claim and deleting the addition. 5. We have heard the Ld. DR as well as the Ld. AR and considered the relevant material on record. Ld. DR has submitted that the CIT (A) has allowed the claim of exemption u/s.10 which was not claimed by the assessee in the return of income and further the claim was allowed without examination of the eligibility of the assessee for claim of exemption of the said income. Therefore he has pleaded that in the absence of any examination of the claim, CIT (A) is not justified in allowing the claim of exemption. 6. On the other hand, Ld. AR has submitted that the CIT (A) has given sufficient opportunity to the AO by issuing the remand order, But the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 of the Act, as the government grant are exempted u/s.10(23C)(iiib) of the Act, was also required to be examined. We find that when this mistake was pointed out before the CIT (A), a remand order was issued to the AO for verification. The relevant part of the impugned order of CIT (A) is in para 3.1 and 3.2 as under : 3.1 It appears to be a case of typographical error with respect to Schedule BP where the figure at part Al is wrongly mentioned as NIL whereas it should have been Rs. 2,52,18,534/- as per item No.43 of Part A of P/L para in the return of income. The same figure should have been claimed in item No.A-5(d) of Schedule BP. The matter was also remanded to the AO for verification but, despite several reminders over a span of 18 m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2,52,18,534/- was eligible for exemption, then allowing the claim of the assessee by the CIT (A) is proper and justified. Mumbai bench of the Tribunal in the case of Shrikant Real Estatates P. Ltd, (supra) while dealing with an issue of a mistake in the return has held in paras 7 and 8 of its order, as under : 7. We have heard the rival submissions and perused the orders of the lower authorities and the copy of the revised e-return filed by the assessee. In the present system of e-filing of return which is totally dependent upon the usage of software, it is possible that some clerical errors may occur at the time of entering the data in the electronic form. The return is prepared electronically which is converted into an XML file either ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding of the learned Commissioner of Income-tax (Appeals), we direct the Assessing Officer to allow credit of the short-term capital gains subject to special rate of tax as per provisions of section 111A of the Act and rectify the intimation under section 143(1) accordingly. 9. In the case on hand, when the CIT (A) has already issued a remand order giving full opportunity to the AO for examination of the claim, then in the absence of any claim of the Revenue that assessee is not entitled for the exemption u/s.80P and 10(23C) of he Act, we do not find any error or reason to interfere with the impugned order of the CIT (A). Accordingly we dismiss the appeal of the Revenue. 10. In the result, appeal of the Revenue is dismissed. Order pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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