Assessing Officer can not take advantage of Ignorance of Assessee

By | November 16, 2015

ITAT Mumbai

ACIT Vs M/s Vijaya Silk House Pvt Ltd

I.T.A. No.4806/Mum/2012,

Date  : 30.09.2015

The assessee was not aware of this fact that the sale proceeds arised out of sale of an agricultural land is exempt from tax u/s 10 of the Act hence the assessee inadvertently could not adduce the said fact before the Assessing Officer as well as while filing the return of income. The assessee’s claim is in accordance with’ the provisions of law and gets support from the CBDT circular No. l4 (XL-35) dated 11/0411955, wherein it has been clearly stated that the officers of department must not take advantage of ignorance of an assessee as to his rights. It is duty of the department to assist a tax payer in every reasonable way, particularly in matter of claiming and securing reliefs.

Complete  Judgement  ACIT Vs M/s Vijaya Silk House Pvt. Ltd.

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