2021 (3) TMI 561

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....s of Notice dated 07.11.2017 said to be issued under section 156 of the 'Act'. 2. BECAUSE, upon due consideration of the matter the Ld. 'CIT(A)' was not justified in o facts and in law too holding that "nature of rectification sought by him is not within the domain of section 154 of the Act as it is not mistake apparent from records" which finding is uncalled for having been recorded after adjudicating the claim on merits. 3. BECAUSE, while deciding the appeal Ld. CIT(A) has totally omitted to consider that 'appellant' is entitled for deduction under section 10(37) of the Income Tax 'Act 'and all the essential of section 10(37) are fully met by the 'appellant' and therefore, the compensa....

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....R Act were made effective from 01.01.2014. The appeal filed by the assessee against the said order stood dismissed by ld. CIT(A) observing that the rectification sought by assessee before the Assessing Officer was not a mistake apparent on the face of record. 3. The ld. AR submitted that the CIT(A) was not justified to consider the contention of the assessee that the sum received by the assessee as a result of compulsory acquisition of land amounting to Rs. 2,77,06,520/- was erroneously and ignorantly offered to tax due to lack of knowledge while the compensation so received was exempt from tax. It was further submitted that no tax should be collected or levied without any authority of law; that the compensation was received by appellant....

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....ined under subsection (l), for that land. (3) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired. (4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land. (5) If the amount determined by the competent author....