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Income tax deduction cannot be denied for mere human error in ITR
Case Law Details
- Case Name
- AAR ESS Exim Pvt. Ltd. Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19
- Courts
- All ITAT, ITAT Delhi
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AAR ESS Exim Pvt. Ltd. Vs DCIT (ITAT Delhi)
It is true that the assessee has claimed deduction u/s. 10B of the Act in its return of income instead of section 10AA of the Act. This can be a human error while preparing E-return. Even if the CPC declined to entertain a rectification application, it was incumbent upon the first appellate authority to consider the claim of the assessee as the power of the CIT(A) are co-terminus to that of the AO. In the interest of justice we deem it fit to restore the issue to the files of the AO.
11. The AO is directed to verify the claim of the assessee u/s. 10A...





