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Where the assessee inadvertently or mistakenly offers an amount to tax it can go for an appeal following SC in 261 ITR 367 in which case such a mistake has to be rectified by the Revenue Authorities. SC has laid a ratio stating that if the assessee had, by mistake and inadvertence or on account of ignorance included in his income any amount which is exempt from payment of Income-tax or is not income within the contemplation of law, the assessee may bring the same to the notice of the Revenue, which if satisfied, may grant the assessee necessary relief and refund the tax paid in excess if any.

Following this further the Delhi ITAT in 83ITR (Trib) (SN) 23 allowed exclusion of profit on the sale of agricultural land mistakenly offered to book profits tax

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