Sec 54 rwt 148

Assessee missed to file return u/s 139, later when assessment came she filed it u/s 148. Can the assessee claim exemption u/s 54.
Replies (8)
Quick Summary
This discussion addresses whether an assessee can claim a Section 54 exemption for the Assessment Year 2018-19, even after filing their return in response to a Section 148 notice due to a missed Section 139 filing. The department has raised objections, and the assessee is seeking case law to support their claim. A relevant Supreme Court case, R Dalmia & Anr vs. CIT, is mentioned as a potential precedent.

For which assessment year?

Assessment Year is 2018-19

Yes. while filling ITR in response to notice u/s. 148 of IT act.

But the department has send notice that we cannot claim the same. kindly provide me with any case law against the same.

The Hon'ble Apex Court, way back in the case of R Dalmia & Anr vs. CIT, reported in (1999) 236 ITR 480, has clarified the interpretation/

For details refer:   https://indiankanoon.org/doc/181238706/

Thank you Sir
One cannot file it from Sec 139(1) to Sec 148(1).

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