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2016 (11) TMI 361 - ITAT DELHI

2016 (11) TMI 361 - ITAT DELHI - TMI - Rectification of mistake - Held that:- There is a contradiction on basic facts. Where the Assessing Officer in the order passed u/s 143(3) and the order u/s 154 holds that the return declaring an income of ₹ 96,540/- was filed by the assessee. The CIT(A) holds that the NIL return had been filed. Accordingly in order to address the legal position it is first necessary to address the correct facts. - As far as the legal issue as laid down in CIT vs .....

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not reconcile with the consistent findings of the AO in the 143(3) order and the 154 order. After addressing the correct factual position, the CIT(A) is directed to pass a speaking order in accordance with law after giving the assessee a reasonable opportunity of being heard. - I.T.A .No.-2289/Del/2015 - Dated:- 21-9-2016 - SMT. DIVA SINGH, JUDICIAL MEMBER, J. For The Assessee : Sh. Somil Agarwal, Adv. For The Revenue : Ms. Anima Barnwal, Sr.DR ORDER The present appeal has been filed by the ass .....

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d on facts in confirming the action of Ld. AO in rejecting the application filed by assessee and further erred in not allowing the brought forward of losses and depreciation and that too by recording incorrect facts and findings and without appreciating the submissions of assessee. 3. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in rejecting the application filed by assessee and further erred in not all .....

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craves to leave to add, modify, amend or delete any of the grounds of appeal at the time of hearing and all the above grounds are without prejudice to each other. 2. The Ld. AR inviting attention to the assessment order submitted that the AO in the 143(3) proceedings has recorded the fact and started from the position that the assessee has e-filed its return on 20.09.2010 declaring an income of ₹ 96,450/-. It was his submission that infact he would be able to demonstrate from the material .....

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the said petition was dismissed holding that return of income e-filed on 20.09.2010 declared an income of ₹ 96,540/- and it was processed by CPC, Banglore on an income of ₹ 1,21,240/-. It was submitted by the Ld.AR that this is a wrong assertion of facts. Against this order dated 12.10.2010, it was his submission the assessee came in appeal and the submissions of the assessee have been noted at pages 3 & 4 by the CIT(A) wherein in his finding, he comes to a conclusion that the a .....

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l income of Rs. 'Nil'. In the statement of computation of income for this year, total Income is computed at ₹ 96,542/- against which brought forward losses of the same amount has been claimed and income has been computed at Nil. Intimation u/s 143(1) dated 26.01.2011 reveals that though the assessee has claimed loss of ₹ 96,543/-, brought from previous years but in the processing u/s 143(1) no such adjustment has been allowed and thus, aggregate income has been computed at &# .....

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is submission that this is a typographical error. It was his submission that the genuineness of the claim was not under the doubt. Reliance was placed upon the decision of Jurisdictional Delhi High Court in the case of CIT vs Punjab National Bank [2001] 249 ITR 0763 (Del.). 4. Ld. Sr.DR, Ms. Anima Barnwal placed heavy reliance upon the impugned order. Referring to facts, it was submitted that the intimation u/s 143(1) is dated 26.01.2011 and notice u/s 143(2) was issued on 26.09.2011. It was her .....

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the petition u/s 154 vide his order dated 12.10.2012 holding as under:- Application u/s 154 of the I.T Act, 1961 filed by the assessee was perused. On going through the E-filed return, it has been found that the assessee has not claimed any set off of loses and taxable income was declared at ₹ 96,540/- and total tax payable was worked by the assessee himself at ₹ 32,276/-. Claim of TDS amounting to ₹ 4,555/- was also taken and after taking benefit of TDS of ₹ 4,555/- bal .....

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