Case Law Details
Prasanta Kumar Mishra Vs ACIT (ITAT Cuttack)
Admittedly, the assessee individual is a non-resident Indian and the facts clearly show that the return has been filed with mistakes. These mistakes can admittedly be rectified by filing a rectification application. The rectification application admittedly is not being considered on account of the limitation provided u/s. 154(7) of the Act. However, in view of the submissions made by both the sides and considering the Circular No. 4 of 2012 dated 20.6.2012 issued by the CBDT, the issues in its appeal are restored to the file of the AO for re- adjudication of the rectification application on merits. The Assessing Officer is at liberty to examine whether the assessee was NRI during the relevant point of time and whether he is entitled to the benefit of exemption u/s.5(1)(c) r. w. s 6 of the Act. If it is found that the claim of the assessee is correct, then, the AO is to proceed to decide the rectification application on merits in accordance with the provisions of section 5(1)(c) r .w. s 6 of the Act.
FULL TEXT OF THE ORDER OF ITAT CUTTACK
This is an appeal filed by the assessee against the order dated 9.6.2022 of the ld CIT(A), Kolkata-22, in Appeal No. ITBA/APL/S/250/2022 -23/1043389940(1) for the assessment year 2009-2010.
2. Shri P.R. Mohanty, ld AR appeared for the assessee and Shri Charan Dass, Sr. DR appeared for the revenue.
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