- (1.) The present income tax appeal under Section 260 A of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') has been filed by the assessee against the order dated 24.05.2013 of the Income Tax Appellate Tribunal, Agra Bench, Agra for the assessment year 2009-10.
(2.) The above appeal was admitted on the following two questions of law:- (i) "Whether in view of Section 143(1)(a)(ii) read with Explanation (i) of the Income Tax Act, the Assessing Authority was bound to compute the income of the appellant after accounting for any item inconsistent with another entry of some other item in the return? (ii) Whether in the facts and circumstances of the case, the Tribunal below was justified in not following the coordinate bench decision of the ITAT in Sum Total Systems India Pvt. Ltd. Vs. Deputy Commissioner of Income Tax, 145 TTJ 530 (Hyd.) and thereafter concluding that the rectification sought for by the appellant was not an error apparent from the face of the record and therefore beyond the provisions of Section 154 of the Income Tax Act?"
(3.) However, during the course of hearing we have framed an additional question as below:- "Whether the finding of the Tribunal that Schedule-F to the return was not verified and consequently there was no claim of exemption made by the assessee, is perverse?";