Tag: petition u/s 154
For typographical error assessee has to invoke Section 154 not Appellate Jurisdiction to rectify mistakes committed during assessment proceedings – ITAT ABCAUS Case Law CitationABCAUS 3626 (2022) (12) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in sustaining the additions. The …
Period of limitation against rectification order can not be counted from the date of assessment order ABCAUS Case Law CitationABCAUS 3403 (2020) (10) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in dismissing the appeal of the assessee merely on the …
Withdrawal of deduction u/s 54/54F beyond scope of rectification u/s 154. AO has no jurisdiction to re-appreciate evidences already considered. ABCAUS Case Law Citation:ABCAUS 3294 (2020) (04) ITAT Important case law relied upon by the parties:T.S. Balaram, Income Tax Officer vs Volkart Brothers & Ors, 82 ITR 50 …
Income wrongly declared in ITR by mistake cannot be taxed because assessee has not earned it. There is no provision in the Act to do so. ABCAUS Case Law Citation: ABCAUS 3052 (2019) (07) ITAT The instant appeal was filed by the assessee against the order of the …
Addition u/s 40(a)(ia) in rectification proceedings u/s 154 upheld as question of second proviso being prospective was not debatable in view of jurisdiction High Court decision ABCAUS Case Law Citation: ABCAUS 2983 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: CIT vs. Ansal Landmark Townships …
Rectification order u/s 154 quashed due to doctrine of merger. Questions expressly decided by appellate/revisional authority cannot be reagitated u/s 154 ABCAUS Case Law Citation: ABCAUS 2886 (2019) (04) ITAT Important Case Laws Cited/relied upon by the parties Rajputana Mining Agencies & others vs ITO (1979) 118 ITR …
Disallowance of 80IB deduction by passing rectification order u/s 154 quashed as AO took a conscious and considered view to allow deduction which was not mistake apparent – ITAT ABCAUS Case Law Citation: ABCAUS 2654 (2018) (11) ITAT Important Case Laws Cited/relied upon: CIT vs. Krishak Bharti Co-operative …
Reducing depreciation rate not debatable issue to invoke section 154 for rectification. Error discovered from records constitute apparent error ABCAUS Case Law Citation: ABCAUS 2620 (2018) (11) ITAT Important Case Laws Cited/relied upon: CIT vs. Dr. K.R. Jayachandran (212 ITR 637) CIT vs. dr. B. Venkata Rao (2000) …
There is no statutory bar for the Assessing Officer to rectify the assessment order even if an appeal is pending against it – High Court The instant Writ Petition was filed by the appellant assessee against the notice issued under section 154/155 of the Income Tax Act, 1961 …
Penalty 2711c – Pending Petition us 154 to be verified/disposed off first and penalty be dropped if the claim of the assessee as per rectification petition was found correct-ITAT ABCAUS Case Law Citation: 950 2016 (06) ITAT AY: 2006-07 Date of Judgment: June, 2016 Brief Facts of the …
