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Appeal

Tax queries 646 views 5 replies

Friends Pls help in this issue...X filed his return concealing his property income....... The AO added the property income without allowing the standard deduction and completed the assessment u/s 143(3). Can an appeal be filed with the CIT (Appeals) claiming the standard deduction... Is there any relevant case law !!!!!!!!!!!!!!!111

Replies (5)

Notice of Demand u/s  156 was issued... The time limit of 30 days was not yet lapsed

Dear Balakrishnan,

AO cannot overrule the provisions while doing assessment, Standard deduction of 30% has to be allowed in case of concealed income also.

If AO want to penalize assessee then he can Impose penalty for concealment u/s 271(1)(c) upto 3 times the tax sought to be evaded, but cannot deprive assessee from claiming the deduction.

I think first move an application u/s 154, as a mistake apparent from the record & if AO still not allow ur claim then file a appeal to CIT(A)

Mr.Balakrishnan...

Agree with Mr.Amir...

AO cannot overrule the provisions while doing assessment, Standard deduction of 30% has to be allowed in case of concealed income also.

penalty for concealment u/s 271(1)(c) is 1 time upto 3 times the tax sought to be evaded...

please contact the A.O. with an application / a letter...


 

standard deduction can't be set aside it will be allowed

Thanks everybody


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