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2014 (5) TMI 275 - AT - Income TaxApplicability of section 154 of the Act - No mistake apparent on record to rectify the order Held that - CIT(A) was rightly of the view that the matter was out of the purview of Section 154 - Even if there was a difference in the details of purchases furnished and the purchases shown in the P&L account, it was for the AO to call for the explanation of the difference during assessment proceedings - During proceedings u/s 154, the AO made the addition without even considering the assessee s explanation wherein the assessee has furnished the correct list of purchase account giving party-wise details Decided against Revenue.
Issues:
1. Whether the matter falls within the purview of Section 154 of the Income-tax Act. Analysis: The appeal was against the order of the CIT(A) for the Assessment Year 2006-07. The Revenue contended that the CIT(A) erred in law by stating that the matter did not fall within the scope of Section 154 of the Income-tax Act. The Assessing Officer had issued a notice under Section 154 pointing out a discrepancy in the purchase amounts, leading to an under-assessment. The CIT(A) had deleted the addition made by the Assessing Officer, stating that the mistake rectified did not fall within the purview of Section 154 as it required further scrutiny and inquiry. The Revenue challenged this decision. The assessee clarified that the difference in purchases was due to a clerical error and provided revised party-wise purchase details matching the profit & loss account. The assessee's turnover was substantial, and the accounts were audited, with purchases from numerous parties. The Revenue relied on the Assessing Officer's order, while the assessee's representative argued that the CIT(A)'s decision should be upheld. The Tribunal agreed with the CIT(A) that the matter was beyond the scope of Section 154. It was noted that the Assessing Officer had not considered the assessee's explanation during the Section 154 proceedings, where the correct list of purchases was provided. The Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal. The decision was pronounced on April 30, 2014.
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