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TMI Blog2023 (7) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... n before the appellate authorities, when consideration thereof does not necessitate any enquiry into the facts or calling for any fresh evidence. In this case, according to the assessee Form 26AS does not refer to the income received by the assessee towards survival benefit received from LIC on a single premium policy. It is not the case of the Revenue that such a receipt is not exempt income. Only point for consideration of such a plea by the assessee is that the assessee preferred the same by way of letter dated 25/06/2020. Since the plea of the assessee that such a receipt is an exempt income, is purely a question of law, and does not require calling for any fresh evidence, there is no legal impediment for the Ld. CIT(A) to consider the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the sum mentioned as other sources to the tune of Rs. 2,52,352/-. This amount comprises of Rs. 27,352/- added on the ground that the assessee did not fill in schedule PTI in the return of income and Rs. 2.25 lacs said to have been received by the assessee towards survival benefit from LIC on a single premium policy. 3. While processing the return of income, these two sums were added to the income of the assessee. Assessee filed an application for rectification showing the and claiming exemption of Rs. 2.25 lacs, and also explaining the difference in respect of Rs. 27,352/-. Such an obligation of the assessee was rejected by CPC. 4. Assessee, therefore, preferred appeal before the Ld. CIT(A). Ld. CIT(A) accepted the explanation of the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l compulsion to disclose non-taxable receipts vis-à-vis the exempt income for which a columnist provided in the return form. 6. Learned AR further submits that in view of the decision of the Hon'ble Apex Court in the case of NTPC vs. CIT (1998) 229 ITR 383 and Goetze (India) Ltd vs. CIT (2006) 284 ITR 323 (SC) it is always open for the assessee to raise the points of law even before the appellate authorities, when consideration thereof does not require any new documents or introduction of new facts. He further submitted that it is always open for the First Appellate Authority to consider a claim permissible under law preferred by the assessee otherwise than by filing a revised return. 7. Per contra, it is the submission of the lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate authorities, when consideration thereof does not necessitate any enquiry into the facts or calling for any fresh evidence. In this case, according to the assessee Form 26AS does not refer to the income of Rs. 2.25 lacs received by the assessee towards survival benefit received from LIC on a single premium policy. It is not the case of the Revenue that such a receipt is not exempt income. Only point for consideration of such a plea by the assessee is that the assessee preferred the same by way of letter dated 25/06/2020. Since the plea of the assessee that such a receipt is an exempt income, is purely a question of law, and does not require calling for any fresh evidence, there is no legal impediment for the Ld. CIT(A) to consider the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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