I couldn't file my return of income for AY 2009-10 for want of Form 16 Then I response to a notice under section 148 I thought I had submitted a return and one computation saved in my computer for the concerned AY which was wrongly showing the income and no deduction or exemption claimed. I didn't check it's accuracy and submitted the same in response to a notice under section 133(6) for sale of assets.
Thereafter the AO sent notices and I submitted the correct statement and also confirming that there was no sale but purchase showing revised computation.in fact, my employer had deducted excess tax for concerned AY of 56317. The AO denied the statement saying as below
It is clear that the assessee has failed to declare correct income while filing return of income in response to notice under section 148 of the Act. The assessee has subsequently only furnished revised statement of income claiming various deduction/exemption. Further since computation of total income is not a return of income , the deduction/exemption cannot be considered now. In this connection reliance is placed on hon SC decision in the case of Goetze India Ltd vs CIT (2006).
I have filed appeal with CIT (appeal) and would request legal luminaries to guide me with legal pronouncement on the matter.
15 October 2017
Legally the AO is correct. Appear for appeal hearing, as when called upon notice, explain the happened facts and seek the mercy of CIT (Appeals).
15 October 2017
Thanks CA B. Chakrapani for your advice. Any case law in such matter as I understand that the notional income cannot be taxed and I had only salary income and that has beed verified with salary slip and bank statement.
CAclubindia
