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TMI Blog2019 (6) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessee. - ITA No:-7167/Del/2018 - - - Dated:- 3-6-2019 - Sh. N. K. Billaiya, Accountant Member And Sh. K. N. Chary, Judicial Member For the Assessee : Sh. C. S. Aggarwal, Sr. Advocate, Sh. Ravi Pratap Mall, Advocate For the Revenue : Sh. Abhishek Kumar, Sr. DR ORDER PER: N. K. BILLAIYA, AM This appeal by the assessee is preferred against the order of the Commissioner of Income Tax [Appeals]-9, New Delhi, dated 20.09.2018 for Assessment Year 2013-14. 2. The sum and substance of the grievance of the assessee is that the CIT(A) erred in sustaining the order of the Assessing Officer framed u/s. 154 of the Act. 3. F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f ₹ 4.50 crores have been deleted by us in ITA No.7166/Del/2018 vide order dated 03.06.2019. On this issue itself the rectification order does not survive. 10. Even otherwise the amended provisions of section 115BBE do not apply during the year under consideration. For ready reference section 115 BBE as it stands today read as under :- 115 BBE [(1) Where the total income of an assessee- (a) Includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69 D and reflected in the return of income furnished under section 139; or (b) determined by the Assessing Officer includes any income referred to in section 68, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee would have been chargeable had his total income been reduced by the amount of income referred to in clause (a) . 12. A perusal of the above show that the amendment is applicable from 01.04.2017. In our considered view whether the amendment is prospective or retrospective is a highly debatable issue and, therefore, cannot be a subject matter of rectification u/s. 154 of the Act. 13. Considering the facts of the case and the law we set aside the findings of the CIT(A) and quash the rectification order dated 05.05.2016 framed u/s.154 of the Act. 14. In the result, the appeal filed by the assessee is accordingly allowed. Order pronounced in the open court on 03.06.2019. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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