2005 (10) TMI 83

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....d circumstances of the case, the order passed by the learned Tribunal is not perverse, contrary to the facts and material available on record and ex facie illegal? (ii) Whether prima facie adjustment under section 143(1)(a) of the Act can be made to deny exemption under section 54F of the Act, for want of enclosure of the proof to the return of income? (iii) Whether an exemption can be considere....

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.... back to the Assessing Officer to place on record the material evidence for claiming benefit provided under section 54F of the Income-tax Act, 1961. The Assessing Officer denied the benefit of deduction under section 54F to the assessee on the ground that no evidence had been annexed along with the returns. Against that order appeal was filed by the assessee before the Commissioner of Income-tax (....

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....n clause (a). Clause (a) of sub-section (1) of section 143 provides that the Assessing Officer may, without requiring the presence of the assessee or the production by him of any evidence in support of the return, make an assessment of the total income or loss of the assessee after making such adjustments to the income or loss declared in the return. Admittedly, the assessee has claimed deduction....