TMI Blog2017 (2) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... te bench of this tribunal in ACIT vs. Satyanarayan Agarwal (2002 (3) TMI 207 - ITAT CALCUTTA-B ) holds that an admission made in the return is not binding in case an assessee seeks to change or modify his or her stand. Learned co-ordinate bench is of the view that an assessee can always seek to prove that the income declared earlier was not taxable. We draw support therefrom to reject Revenue’s ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r By Assessee : Shri P. F. Jain, A.R. By Revenue : Shri James Kurian, Sr. D.R. ORDER Per S. S. Godara, Judicial Member This assessee s appeal for assessment year 2006-07 arises against the CIT(A)-XIV, Ahmedabad s order dated 20.08.2013, in appeal no. CIT(A) XIV/AC Cir.7/132/2012-13 in proceedings under section 143(3) of the Income Tax Act, 1961; in short the Act . 2. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... attention to Assessing Officer s order dated 26.10.2012 making the impugned long term capital gains addition as upheld in the lower appellate proceedings. 4. The assessee continues her submissions in the course of hearing before us. She takes us to the lower appellate order dismissing her appeal mainly on the ground that neither she objected to the reopening nor is there any locus for her to f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... narayan Agarwal 255 ITR (AT) 69 (Kolkata) holds that an admission made in the return is not binding in case an assessee seeks to change or modify his or her stand. Learned co-ordinate bench is of the view that an assessee can always seek to prove that the income declared earlier was not taxable. We draw support therefrom to reject Revenue s above contention of non maintainability of the instant as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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