2024 (5) TMI 441

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....8 on presumptive basis u/s. 44AD declaring income of Rs. 14,66,570/-. The said return of income was processed by the DCIT, CPC, Bengaluru vide intimation u/s. 143(1) assessing the income at 50% of the gross receipts shown in Form No.26AS treating the gross receipts as per the specified profession. 3. Being aggrieved by the said intimation, the appellant filed rectification petition and the same was rejected vide order passed u/s. 154 on 29.01.2019. 4. Being aggrieved by the order of rectification, the appellant filed an appeal before the CIT(A)/NFAC who vide impugned order dismissed the appeal for non-prosecution without dealing with the merits of the addition. 5. When the appeal was called on, none appeared on behalf of the appell....

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....turn; (iii) disallowance of loss claimed, if return of the previous year for which set off of loss is claimed was furnished beyond the due date specified under sub-section (1) of section 139; (iv) disallowance of expenditure 97[or increase in income] indicated in the audit report but not taken into account in computing the total income in the return; (v) disallowance of deduction claimed under 98[section 10AA or under any of the provisions of Chapter VI-A under the heading "C.-Deductions in respect of certain incomes", if] the return is furnished beyond the due date specified under sub-section (1) of section 139; or (vi) addition of income appearing in Form 26AS or Form 16A or Form 16 which has not been i....

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....und due to, the assessee under clause (c); and (e) the amount of refund due to the assessee in pursuance of the determination under clause (c) shall be granted to the assessee: Provided that an intimation shall also be sent to the assessee in a case where the loss declared in the return by the assessee is adjusted but no tax, interest or fee is payable by, or no refund is due to, him: Provided further that no intimation under this sub-section shall be sent after the expiry of 99[nine months] from the end of the financial year in which the return is made. Explanation.-For the purposes of this sub-section,- (a) "an incorrect claim apparent from any information in the return" shall mean a claim, on ....