| Question And Answer | |
|---|---|
| Subject: | Refund |
| Category: | Income-Tax |
| Querist: | Sanjiv Kumar Thakur |
| Answered by: | Dr .K. Shivaram Senior Advocate |
| Tags: | Reassessment, Refund |
| Date: | March 8, 2022 |
Can I claim deductions and exemptions in return filed in response to notices u/s 148 of the Act even though I have not filed my original return u/s 139.
There is no estoppel against the law . Article. 265 of the Constitution of India which provides that “No tax shall be levied or collected except by authority of law“. In Nirmala L. Mehta v. A. Balasubramanian (2004) 269 ITR 1 (Bom.)(HC) (11) the Court observed that,
“There cannot be any estoppel against the statute, Article 265 of the Constitution of India in unmistakable terms provides that no tax shall be levied or collected except by authority of law. Acquiescence cannot take away from a party the relief that he is entitled to where the tax is levied or collected without authority of law”. [Also refer, CIT v. V.MR.P. Firm, Muar (1965) 56 ITR 67 (74)] In Karnataka State Co-Operative Apex Bank Ltd v. DCIT ( 2021 ) 283 Taxman 98 ( Karn)(HC) the Court held that fresh claim of loss can be claimed in reassessment proceedings .