9911796707
TMI Blog2019 (3) TMI 1357X X X X Extracts X X X X X X X X Extracts X X X X ..... having examined the assessee's claim and having passed the order, accepting the FBT after scrutiny, could not have modified such an order in purported exercise of rectification powers. It is well settled that the power of rectification is not the same as review power. Under such powers, the A.O. can rectify errors apparent on record. Detailed consideration would not be permissible. - Decided agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirmed by CIT(A) is rectifying the original assessment is not justify? 3 Assessing Officer passed an order of assessment under Section 115WE(3) of the Income Tax Act, 1961 ( the Act for short) and accepted the assessee's working out of the liability of paying Fringe Benefit Tax ( FBT for short). Subsequently the A.O. desire to invoke powers of rectification vested under Section 154 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see company which were given to the distributors/doctors for the promotion of the products. The issue was examined by the AO and the FBT return filed by the assessee was accepted. A perusal of the assessment order dated 25.11.2008 does not reveal any mistake apparent on record in the said order. The jurisdiction of the AO under section 154 of the Act is very limited to the extent of rectification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e issue then such pointed or mistakes cannot be said to be mistakes apparent on record, which can be rectified under section 154 of the Income Tax Act. Reliance in this respect can be placed on the decisions of the Hon'ble Supreme Court in the case of T.S.Balaram ITO Vs. Volkat Brothers and of the Hon'ble Bombay High Court in the case of Sidhramappa Andannappa Manvi Vs CIT 21 ITR 333. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
