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Mistake in circular about pension Scheme need immediate rectification to avoid confusions and litigation.

DEVKUMAR KOTHARI
Typographical error in CBDT circular on Section 80CCD risks taxpayer disputes; urgent correction needed to prevent litigation. A circular issued by the Central Board of Direct Taxes (CBDT) regarding Section 80CCD contains a typographical error that contradicts both another paragraph within the circular and the provisions of the Income Tax Act. This inconsistency could lead to unnecessary disallowances and compel taxpayers to engage in litigation. As CBDT circulars are binding on income-tax authorities, it is crucial to rectify the error promptly to prevent confusion and legal disputes. The error, though inadvertent, has significant implications, underscoring the need for immediate correction to align the circular with the statutory provisions. (AI Summary)

Circular of CBDT:

Circulars of CBDT are binding on Income-tax authorities. Circular should be in accordance with the provision of the Act. A circular which is contrary to the provisions of the act is not valid to the extent it is not in accordance with the provisions.

Circular on Section 80CCD vide file no. F.No. 275/192/2009-IT(B)

Dated the 9th February, 2010.

In this circular the Board has issued clarifications about deduction u/s 80CCD read with other provisions. It seems that there is some inconsistencies in circular itself and the paragraph 4 of the circular contains a mistake which is contrary to paragraph 2 of circular and sub-section (2) of section 80CCD.

Mistake can cause litigation and hardship on assessee:

The mistake is in fact in nature of typographical mistake or inadvertent mistake. However, wordings used are such that the revenue authorities are bound by the same. Therefore, it appears that unless the Circular is rectified, the mistake may cause un-necessary disallowances and assessee to prefer appeals and to indulge in litigation.

The circular is reproduced below with highlights of relevant portions:

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