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2009 (12) TMI 7

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..... nfirmed the order of CIT(A) as valid – held that - Tribunal was not justified in deleting the additional tax levied upon the respondent/assessee. However, it was pointed out by the learned counsel for assessee that an application for rectification under Section 154 of the Act was filed. The said application is still pending consideration. Filing of the said application also finds place in the stat .....

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..... 21,23,335/-. The return of income was processed under Section 143(1)(a) of the Income Tax Act and the Assessing Officer made certain adjustments under Section 143 (1)(a) of the Act. The Assessing Officer also charged additional tax of Rs. 62,815/- under Section 143(1A) of the Income Tax Act. The assessee filed an application under Section 154 of the Income Tax Act, which is still pending and no o .....

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..... of the case the Income Tax Appellate Tribunal was correct in law in confirming the deletion made by the Commissioner of Income Tax (Appeals) of the additional income-tax levied under section 143(1A) of the Income Tax Act, 1961 by the Assessing Officer, without appreciating that additional income-tax was leviable in this case in view of the provisions of Section 143(1A)(B) of the Income Tax Act, 1 .....

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..... justified in deleting the additional tax levied upon the respondent/assessee. However, it was pointed out by the learned counsel for assessee that an application for rectification under Section 154 of the Act was filed. The said application is still pending consideration. Filing of the said application also finds place in the statement of the case. The authority concerned is therefore, to pass an .....

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