No Suo Moto Section 154 Rectification by CPC Without Hearing: ITAT Cochin

Home of Love Vs ITO (ITAT Cochin)

Assessee is a charitable institution who filed its return of income which was processed u/s 143 granting exemption u/s 11. Thereafter, CPC issued a notice u/s 154 denying the said exemption by stating that Form 10B was not filed within prescribed time, without giving assessee an opportunity of being heard. On appeal CIT had confirmed the action of CPC.

Sec 154 states that an amendment, which has the effect of increasing the liability of assessee shall not be made unless the Dept. has allowed the assessee a reasonable opportunity of being hea

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