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Clerical Error Can’t Inflate Tax-ITAT Orders Rectification of Double STCG Addition

Case Law Details

Case Name
Sarita Vijaykumar Gupta Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-2015
Advertisement Sarita Vijaykumar Gupta Vs ITO (ITAT Mumbai) Clerical Error Can’t Inflate Tax-ITAT Orders Rectification of Double STCG Addition The case involved a clear computational error where the AO had double-counted Short-Term Capital Gains (STCG), resulting in inflated income and demand. Additionally, deduction u/s 80C was denied despite supporting documents. The CIT(A) dismissed the appeal in limine due to delay (332 days) without examining merits. The ITAT held: Delay was bona fide and not intentional, hence condoned CIT(A) erred in not admitting the appeal despite reasonable caus...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,940

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