9911796707
TMI Blog2024 (3) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 rectification is only to deal with an apparent mistakes on record than those involving detailed roving enquiries. We further wish to emphasize that the NFAC s detailed discussion has nowhere reversed the AO s categoric findings on this legal aspect of maintainability of assessee s rectification petition. Nor the assessee s had raised any such ground as per his Form-35 before us. Whether Revenue has wrongly quoted the case law of Goetze (India) Ltd [ 2006 (3) TMI 75 - SUPREME COURT] wherein their lordships made it amply clear that powers of appellate authority(ies) exercising their respective jurisdiction(s) under the provisions of the Act is not impinged upon for the purpose of entertaining a new claim? - We are of the considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant s application u/s 154 of the I.T. Act, 1961 by holding that the mistake was not apparent from record in view of Section 154(1) of the Income Tax Act and on the fact that assessee himself has declared total income of Rs. 2,05,25,160/- in the Return of Income filed on 10.12.2014 for A.Y.2013-14. 2. On the facts and circumstances of the case and in law, the Id. CIT(A) erred in admitting that claim of expenditure not shown in the return of income is a clear mistake without appreciating the decision of Hon ble Supreme Court of India in the case of Goetz India Vs CIT 157 Taxmann 1 (SC) in which it was held that a fresh claim cannot be admitted otherwise than by a revised return. 3. On the facts and circumstances of the case and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said order. The NFAC has admittedly reversed the Assessing Officer s action as per his above extracted detailed discussion. This leaves Revenue aggrieved. 5. It is in this factual backdrop that the first and foremost issue which arises for our apt adjudication is that of maintainability of the assessee s rectification itself. As it has already come on record, the Assessing Officer had rejected the assessee s rectification going by the relevant figures in his return of income only. Mr. Ved vehemently submits as per the NFAC s detailed discussion that such a high rate of profit is unbelievable in assessee s line of business when compared to the identical cases of contractors. We are afraid that such a question involving subjective ..... X X X X Extracts X X X X X X X X Extracts X X X X
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