TaxTMI 
TaxTMI 
2012 (5) TMI 397
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.... Payments : 2577 Under Section 43 B : 1669470 Total : 1754357" 2. With regard to the first two adjustments, we do not think that these are prima facie adjustments which could have been made by the Assessing Officer in exercise of power under Section 143(1)(a) of the Act. The limited power and jurisdiction of the Assessing Officer to make the said adjustment was elucidated and explained by this Cour0t in the case of SRF Charitable Trust v. UOI and others, 1992 (193) ITR 95 (Del), as. "143(1)(a). Where a return has been made under section 139, or in response to a notice under subsection (1) of section 142,- (i) if any tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any a....
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....ilable in such return, accounts or documents, the deduction allowance or relief claimed is prima facie inadmissible. The conclusion that the claim of the assessee is inadmissible must, in other words, flow from the return as filed. No power is given to the Income-tax Officer to disallow a claim for the reason that there is no proof in support of the claim made by the assessee. In a way, the said clause (iii) of the proviso is analogous to section 154 of the Act. Where it is evident from the return as filed, along with the documents in support thereof, that a claim of the assessee is inadmissible, only then an adjustment under the said proviso can be made. If proof in support of the claim is not, furnished by an assessee, then for the lac....
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....formation available in the return or the accompanying accounts or documents and not on the basis of the past records of the assessee. Some examples of such prima facie admissibles or inadmissibles in respect of which adjustments can be made to the returned income or loss are : (i) While computing income under the head 'Salaries', standard deduction under section 16(1) is not claimed, or claimed at a figure which is less than or in excess of the permissible limit. (ii) While computing income under the head 'Income from house property', deduction for 1/6th for repairs or for a new unit under the proviso to section 23(1) is not claimed, or claimed at a figure which is less than or is in excess of the permissible amount. (iii) While co....
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....gure which is less than or is in excess of the permissible limit. (xii) Deduction under section 80M claimed at sixty per cent. Of gross dividend income instead of on net dividend income in violation of the provisions of section 80AA. It may be mentioned that the above is not an exhaustive but only an illustrative list of prima facie admissibles or inadmissibles for which adjustments can be made to the returned income or loss." The aforesaid examples contained in the circular clearly show that, for want of proof, no disallowance or adjustment can be made. It is only when a disallowance is evident from the facts on record that an adjustment can be made." 3. With regard to the third adjustment, we find that the assessee along with ....