Tag: rectification 154
Rectification u/s 154 for difference of receipt with TDS certificates not permissible as the difference in receipts requires investigation and enquiry and not a case of obvious and patent mistake – ITAT ABCAUS Case Law Citation: ABCAUS 2389 (2018) 06 ITAT The instant appeal was preferred by the …
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 …
For rectification of wrong penalty section no notice u/s 154(3) was required to assessee as he was aware of offence and could not controvert the findings recorded – Allahabad High Court ABCAUS Case Law Citation:ABCAUS 2271 (2018) (04) abcaus.in HC The instant petition was filed under Article 226 …
Powers u/s 154 available for rectifying interest u/s 220 or 244 for miscalculation of interest which is, at best arithmetical error needing no elaborate or long drawn adjudication-High Court ABCAUS Case Law Citation: ABCAUS 2187 (2018) (01) HC Important Case Laws Cited/relied upon by the parties: Hindustan Lever …
Disallowance u/s 14A read with Rule 8D beyond scope of rectification u/s 154 as the issue relating to applicability of section 14A is debatable – ITAT ABCAUS Case Law Citation: ABCAUS 2055 (2017) (08) ITAT The Grievance: The appeal filed by the assessee was directed against the order …
Document pertaining to earlier year also constitutes record and if the same is over-looked, it amounts to a mistake apparent on record u/s 154 – ITAT ABCAUS Case Law Citation: 974 2016 (07) ITAT Assessment Year: 2009-10 Date/Month of Judgment: July 2016 Important Judgments cited: Sunil Sahni vs. …
Expenditure allowed in assessment proceedings can not be restricted/disallowed in rectification proceedings u/s 154 which has a limited scope – ITAT ABCAUS Case Law Citation: 971 2016 (07) ITAT Assessment Year: 2003-04 to 2007-08 Date/Month of Judgment: July, 2016 Brief Facts of the Case: The assessee filed returns of …
The Word record us 154 include all records available with AO. Rectification of Mistake not confined to mere clerical or arithmetical mistake. Meaning of the word “record” was clarified by ITAT Visakhapatnam in a recent judgment as under: Case Law Details: ITA No.727/Vizag/2013 Assessment Year: 2008-09 M/s. Y.V.R. & …
In a recent judgment, ITAT Kolkata has held that the re-assessment under section 143(3)/147 is independent and separate from the original assessment order passed u/s 143(3) and it can not be said that the both the orders of assessment made u/s 143(3) originally and the assessment made subsequently u/s …
In a recent order, ITAT Ahmedabad has held that the credit of self assessment tax paid which has the same effect as advance tax, and tax deducted or collected at source, can not be denied for the purpose of charging interest upon the assessee under section 234A. Case Details: …
