9911796707
TMI Blog2016 (1) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... sed return of income - Held that:- The CBDT Circular No.14 of 1955 dated 11.04.1955 has taken a view that the officers of the department must not take advantage of ignorance of the assessee about his rights and it is their duty to assist the tax payer in every reasonable way particularly in the matter of claiming and securing reliefs. In my view therefore the revenue authorities ought not to have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of payment of STT. Therefore set aside the order of CIT(A) and remand the question of exemption of Long Term Capital Gain u/s 10(38) of the Act to the AO for fresh consideration. The assessee is directed to file necessary evidences before the AO to substantiate his claim. - Decided in favour of assessee for statistical purposes. X X X X Extracts X X X X X X X X Extracts X X X X ..... rectified. The AO, however, held by this order dated 28.10.2010 passed u/s 154 of the Act that the assessee had not given the relevant details of acquisition and proof of payment of STT and therefore the request of the assessee for rectification cannot be accepted. 4. Aggrieved by the order of AO the assessee preferred appeal before CIT(A). The CIT(A) was of the view that the assessee offered to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gnorance of the assessee about his rights and it is their duty to assist the tax payer in every reasonable way particularly in the matter of claiming and securing reliefs. In my view therefore the revenue authorities ought not to have rejected the application u/s 154 of the Act on the ground that the assessee has not filed the revised return of income. The CIT(A) has placed reliance on the decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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