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Income Tax - Highlights / Catch Notes

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The case involved rectification of a mistake u/s 154 for denial ...


Tribunal Grants Exemption After Corrected Income Classification; Rejects Unjustified Rectification Denial.

June 27, 2024

Case Laws     Income Tax     AT

The case involved rectification of a mistake u/s 154 for denial of exemption u/s 11. The appellant mistakenly classified income as "business income" instead of "income from other sources," resulting in denial of exemption. The appellant rectified this by submitting a revised return within the prescribed time frame u/s 139(5), not as a Section 154 application. As no intimation u/s 143(1) was issued within the stipulated period, the revised return was deemed accepted. Even if treated as a Section 154 application, the CPC's failure to pass an order within six months led to deemed acceptance. The rejection of a second rectification application lacked justification as all necessary details were provided in the revised return. The tribunal directed the exemption u/s 11 to be granted.

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