9911796707
TMI Blog2024 (1) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER PER N.K. BILLAIYA, AM This appeal by the Assessee is preferred against the order dated 12.01.2023 by NFAC, Delhi, pertaining to A.Y. 2010-11. The grievance of the assessee reads as under: "1. On the facts and in the circumstances of the case and in law the Ld. CIT (A), National Faceless Appeal Centre, Delhi erred in: 1. Upholding the validity of order dated 13-11-2020, u/s 154 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, the assessee filed an application u/s 154 of the Act claiming exemption u/s 10(10AA) of the Act on account of leave encashment amounting to Rs. 6,50,000/-. This application was dismissed by the AO who was of the opinion that a fresh claim can only be made through a revised return of income. 5. The assessee challenged the order of the AO before the CIT(A) and vehemently contended that pursuant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of the Tribunal in the case of Ram Kanwar Rana (supra), the assessee became eligible for the deduction u/s 10(10AA) of the Act and since the assessee had not claimed any deduction in his return of income. The mistake should have been rectified by the CIT(A). Strong reliance is placed on several judicial decisions placed in the paper book. 8. Per contra, the DR strongly supported the fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntly on the date of the processing of the return, there was no mistake apparent from record which could be rectified u/s 154 of the Act. The decisions relied upon by the Counsel are on a different set of facts mostly on the eligibility of the claim of deduction u/s 10(10AA) of the Act but the case of the assessee is the claim u/s 154 of the Act which according to our considered opinion is barred b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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