9911796707
TMI Blog2012 (9) TMI 195X X X X Extracts X X X X X X X X Extracts X X X X ..... e unable to find any justified reason of enhancement of income. Since, AO failed to confront the assessee for rebuttal and passed the order without even bringing to the notice of the assessee as to which of the income was covered under tax deducted at source certificate and which part of the income remained undisclosed, hence order of CIT(A) deleting such addition is upheld – Decided against Revenue - I.T.A.No.1289/Del/2012 - - - Dated:- 27-7-2012 - SHRI A.N. PAHUJA AND SHRI CHANDRA MOHAN GARG, JJ. Appellant by: Dr. B.R.R. Kumar, Sr. DR Respondent by : Shri D.B. Jain ORDER PER CHANDRA MOHAN GARG, J. This appeal has been preferred by the Revenue against the order of the CIT(A)-XXXI, New Delhi by which the CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income on account of commission, interest, receipt against contract at Rs. 12906443/- where as the appellant has shown income under these heads at 99,93,995. This enhancement was carried out under section 154 of income tax act. I have gone through the rectification order and the submissions of the appellant. In response to the show cause by the AO u/s 154, the appellant responded vide its letter dated 12 May 2007, received by the assessing officer on 15th may 2007. The AO in the rectification order dated 26 Feb, 2010 acknowledged the receipt of this letter filed on 15 May 2007, in para 2 of his order. In the reply, the appellant objected to the rectification u/s 154 on the ground that this is not a mistake of facts apparent from record. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 154. A question on which there is difference. of opinion among the two judges of High Court, cannot be rectified by invoking provisions of section 154. Where a rectification of order is made on the basis of certain Supreme Court/ High Court decision but it is debatable whether the said decision is at all applicable to the appellant's case, rectification is not justified-CIT v. Muthoot Leasing Finance Ltd. 12008]21 SOT 281 (Coch.). From the aforesaid discussion, it is apparent that the appellant has challenged the order passed u/s 154 of the Income Tax Act, 1961, on the grounds that there was no mistake apparent from the record and if there was any such mistake it was debatable and thus no rectification could have been carried out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder statement of income at Rs. 29,12,448/- and not Rs. 29,24,360/-. In fact the entire addition made by the assessing officer is on a mistaken ground and does not go to prove that there was a mistake apparent from the record. The additions so made by the assessing officer are made on a mistaken view and at the best are highly debatable which can under no circumstances be held as mistake apparent from record. Moreover any adjustment made by the AO u/s 115JB is not in order because the AO is not empowered to make such adjustments. In my opinion additions made of Rs. 29,12,448/- under the provisions of section 154 of the Income Tax Act, is highly debatable and made on mistaken, appreciation of facts and therefore deleted. Other grounds take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act, the Assessing Officer should have brought some substantial material and fact on record that the actual income of the assessee is much higher than that as shown by the assessee in the return but the Assessing Officer made enhancement without any reasonable ground. 7. The Commissioner of Income Tax(A) considered the submissions of the assessee and held that the assessee successfully demonstrated that out of income shown in the profit and loss account under the head of other income, the income of Rs.99,93,995 related to commission received and other miscellaneous income. He also observed that the assessee also explained that out of such income of Rs.99,93,995/-, tax was deducted only on income of Rs.77,27,623 and no tax was deducted ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
