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16,541 cases — bench: Bangalore
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The Tribunal noted that the quantum appeal was remanded by a previous order and was pending before the CIT(A). Therefore, the Tribunal held that the penalty appeal could not survive until the quantum appeal was decided on merits. The penalty appeal was remitted back to the CIT(A) to be clubbed with the pending quantum appeal.
The Tribunal held that the assessee should be provided an opportunity to submit documentary evidence for claiming deductions and exemptions, particularly those available in Form 16, which were inadvertently omitted. It was noted that the revenue should not benefit from the assessee's ignorance, and taxing income not legally due is impermissible. The matter was remanded to the AO for a de novo assessment.
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The Tribunal held that the denial of exemption solely on the ground of procedural lapses (incorrect audit form) is not justified when the substantive conditions for exemption are met. The Tribunal emphasized that genuine claims should not be denied due to inadvertent technical errors, citing various Supreme Court and High Court judgments.