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2015 (8) TMI 692

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..... ssee clearly show that there was an attempt to mislead the Department. Assessee after working out tax dues, showed taxes paid as ₹ 1,38,84,356/- when the total even as per assessee’s figure itself ought have been more. In such a situation, we cannot say that application for rectification filed by the assessee for granting it deduction of ₹ 8,62,93,033/- under section 80-IB was unjustly rejected by the Assessing Officer. Assessee had preferred no such claim in its return at all. This seems to be the right decision taken by the Assessing Officer. On the other hand, CIT(A) had accepted the claim of assessee going into the merits when the rectification was rejected by the A.O. based on the figures given in the e-return filed by .....

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..... eturn for the impugned Assessment Year through e-filing mode, assessee had not claimed any deduction under Chapter-VI-A of the Act. The column showing deductions claimed under Chapter VI-A was filled up with a sum of ₹ 1,00,000/-. Nevertheless while arriving at the total income from gross total income of ₹ 8,98,13,395/-, assessee arrived at a figure of ₹ 5,13,62,429/-. While computing the tax liability in the e-return, total tax due was shown as ₹ 2,98,08,110/-/-. Self-assessment tax of Zero i.e. 0 -, Advance tax of ₹ 1,55,00,000/- and TDS of ₹ 4,23,754/- were shown as paid. However, the total tax paid was shown as ₹ 1,38,84,356/-. In the intimation dated 14.12.10 issued by the Revenue, deduction .....

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..... Act. Assessee had profit and gains of ₹ 8,62,93,033/-. Along with salaries and income from other sources, the gross total income of assessee was ₹ 8,98,13,395/-. Against the column for showing deduction under Chapter-VI-A, assessee gave the figure of ₹ 1,00,000/-. However, in the column showing the total income ₹ 5,13,62,429/- was shown. A reading of the print out of the e-return of the assessee clearly show that there was an attempt to mislead the Department. Assessee after working out tax dues, showed taxes paid as ₹ 1,38,84,356/- when the total even as per assessee s figure itself ought have been more. In such a situation, we cannot say that application for rectification filed by the assessee for granting i .....

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