9911796707
TMI Blog2018 (10) TMI 2035X X X X Extracts X X X X X X X X Extracts X X X X ..... 10(17A) was filed as taxable income. HELD THAT:- Once, it is brought to the notice of the AO that income shown in the return of income is not in accordance with law and such an income cannot be taxed under the Income Tax Act or is entitled for exemption, then there cannot be estoppel against the assessee to claim it as exempt and AO cannot reject the same simply because assessee had shown it in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is partly allowed for statistical purposes. - SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER For the Appellant : None For the Respondent : Shri Kaushlendra Tiwari, Sr.D.R. ORDER PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the assessee against the impugned order dated 03.11.2017, passed by the Commissioner of Income Tax (Appeals), Faridabad for the Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who has filed his return of income on 25.07.2013 declaring income of Rs.38,90,060/- and such a return was duly processed u/s 143(1). Later on, assessee filed an application u/s.154 before the Assessing Officer stating that due to bonafide mistake sum of Rs.30 lacs received as award from BCCI (Board of Cricket Control of India), which otherwise was exempt u/s.10(17A) of the Act and also clarified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s.154, that there is a mistake apparent from record. He has further held that here it is a debatable issue, because assessee has first shown it as a taxable income and then has claimed to be exempted from tax. Thus, on this ground also such a claim cannot be maintained. 5. After hearing the learned Department Representative and on perusal of the impugned order, we find that the assessee's a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovision of the law. If the assessee claims that such an income is exempted u/s. 10(17A) which is duly supported by CBDT Circular which is binding on the Revenue Authorities, then the same needs to be exempted and allowed in accordance with law. Accordingly, we remit the matter back to the file of the Assessing Officer to examine the assessee's claim in light of provisions of law and if such a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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