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Tax Publishers
Raising fresh claim via rectification under
section 154 post facto judicial decision
Facts:
Assessee individual moved a belated rectification petition
before AO claiming exemption on gratuity income under section 10(10AA) for
first time which was rejected by AO and CIT(A). Plea raised was consequential
to a judicial verdict the rectification was legitimate to be considered on
merits. This went in appeal to ITAT by assessee -
Held against the assessee that they had raised a fresh
claim via a belated rectification which is not the purpose or intent of section
154 as there was no mistake apparent on record. Assessee ought to have come via
an appeal petition.
Case: Jaipal Singh
Dendsay v. ITO 2024 TaxPub(DT) 36 (Del-Trib)
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