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Income Tax - Highlights / Catch Notes

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Adjustment u/s 143(1) disallowing revenue expenditure claim u/s ...


Disallowance of revenue expense claim without fair hearing violated law. Late return accepted earlier. Contradictory stance unjustified. Relief granted.

July 12, 2024

Case Laws     Income Tax     AT

Adjustment u/s 143(1) disallowing revenue expenditure claim u/s 11(1) was made without providing reasonable opportunity to assessee, violating second Proviso of Section 143(1). Return filed beyond due date u/s 139(1). Same return accepted u/s 143(3) proceedings. Impugned appeal order unjustified as same authority cannot take divergent view on same return. Addition deleted as Assessing Officer violated second Proviso of Section 143(1) by not granting reasonable opportunity. Appeal allowed, impugned order set aside.

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