2018 (9) TMI 712

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.... ORDER PER SUCHITRA KAMBLE, JM This appeal is filed by the assessee against the order dated 16/3/2015 passed by CIT(A)-XX, New Delhi for Assessment Year 2010-11. 2. The grounds of appeal are as under:- "1. On the facts and in law Ld Commissioner of Income Tax (Appeals)- XX, was not justified in dismissing appeal of the assessee. 2. On the facts and in circumstances of ....

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....ted balance sheets and tax audit report, etc. in paper form. Other notices u/s 142(1) dt.10.01.2012 and dt.31.12.2012, were issued. In response to these notices assessee filed a rectification application to rectify the intimation of assessed income u/s 143(1) by way of including long term capital gain of Rs. 19,45,055/- which was left out from inclusion in the original computation and return of in....

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....1(1)(c) of Income Tax Act and imposed penalty of Rs. 4,37,379/-. 4. Being aggrieved by the assessee, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The Ld. AR submitted that it is a genuine case of omission and bona fide mistake of not including the capital gains at the time of preparing computation and return of income, although the amounts ....

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.... receiving the notice u/s 143(2) filed revised computation after coming to the knowledge that the assessee has not included the capital gains at the time of calculating computation and filing return of income, although the amounts were disclosed in the balance sheet prepared in support of return. Thus, the assessee has admitted the mistake before the Assessing Officer could detect such omission. T....