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Query asked by shailendra kumar saraf on January 11, 2021

Re: Rectification after filing of declaration under DTVSV

The order under section 143(3) was made and wherein entire LTCG of penny stocks was added to the income as income from other sources, and in computation sheet of tax, the same was treated as short term capital gains and tax was levied at @15%. The assessee is before appeal before CIT (A) and the same is pending as on 31-01-2020. The assessee filed declaration under DTVSV and thereafter the assessing officer issued show cause notice under section 154 of the Act to rectify the mistake and order was passed enhancing the demand of tax. Can ITO make rectification when the declaration under DTVSV is pending.

There is no bar on the Assessing Officer to pass an order when the Declaration is pending before the Designated  Authority . The Assessee may have challenged the order before the CIT (A) .

 


 

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