Tag: rectification 154
Rectification order u/s 154 revising NP rate on the basis of previous year’s chart was beyond the scope of rectification of mistake and amounted to change of the decision – ITAT ABCAUS Case Law Citation: ABCAUS 2786 (2019) (02) ITAT The assessee had challeneged the rectification order passed …
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) …
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 …
