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2018 (10) TMI 2035

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..... aid 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 Assessment Year 2013-14 in relation to the order passed u/s.154. In the grounds of appeal, the assessee has raised the following grounds: "A sum of Rs. 30 lacs received by the assessee as an award from BCCI (Board of Cricket Control of India .....

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..... nafide 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 by the CBDT vide Circular no.2/2014, was by mistake shown as taxable income. The Assessing Officer rejected the claim of the assessee vide order dated 31.01.2017, on the ground that it is not a mistake apparent from record within the .....

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..... d 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 application u/s.154 has been rejected on the ground that amount of Rs.30 lac received from BCCI has been shown as a taxable income. Once, it is brought to the notice of the Assessing Officer that income shown in the return of income .....

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..... ance 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 claim is allowable in view of the CBDT Circular No.2 of 2014 r.w.s. 10(17A), then same should be allowed. Accordingly, appeal of the assessee is partly allowed for statistical purposes. 6. In the result, the appeal of the assesse .....

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