PAWAN KUMAR AGGARWAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) ISSUE notice. Mr. Rohit Madan, Sr. Standing Counsel accepts notice on behalf of the respondent.

(2.) THE question of law which arises for consideration is, ''whether the ITAT fell into error in rejecting the assessee 's claim for credit of Securities Transaction Tax (STT), proof of which was concededly attached to the return. ''

(3.) IT is urged by the learned counsel that the Tribunal fell into an error in overlooking Section 154(1)(b) of the Income Tax Act, 1961, which allows the amendment of even intimation or deemed intimation under Section 143 (1) of the Act. The counsel also relied upon Section 154 (1A) of the Act to say that even after decision in any proceeding by way of an appeal or revision, it is upon the assessee or the party concerned to seek recourse to Section 154 (1). He relied upon the ruling reported as Commissioner of Income Tax v. Sam Global Securities Ltd., 2013 (9) TMI 876 (Delhi).