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TMI Blog2024 (3) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... wing such expenditure so it has to be concluded that assessee was benefited by same and failure to follow a divergent view in favour of Revenue cannot be considered to be an error apparent on record and thus learned AO was not justified to substitute his opinion by invoking provision of Section 154. The question of relying any judgment in favour of Revenue to invoke section 154 powers is not manifested from the order u/s 154 and thus the learned CIT(Appeals) too erred to sustain the order on the basis of the judgment in Checkmate Services Pvt. Ltd. case [ 2022 (10) TMI 617 - SUPREME COURT] Hon ble High Court [ 2004 (10) TMI 36 - MADHYA PRADESH HIGH COURT] held that as on the date, when the assessee claimed the benefit of investment allowanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s 143(1) of the Act. It is claimed that the same cannot be considered to be an error apparent on record to exercise rectification powers u/s 154 of the Act, because when such powers were exercised on 27.07.2020, there were judgments both favouring the Revenue and the assessee and the Hon ble Supreme Court judgment giving conclusive finding in favour of Revenue in Checkmate Services Pvt. Ltd. Vs. CIT, Civil Appeal No. 2833 of 2016 was pronounced on 12.10.2022, by which the disallowance of employees contribution to EPF and ESI have been sustained, if the same are not deposited before the due date prescribed in the respective statutes. 4. Learned AR has placed reliance on Instruction No. 1814 dated 4.4.1989 of the Board to submit that even th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y same and failure to follow a divergent view in favour of Revenue cannot be considered to be an error apparent on record and thus learned AO was not justified to substitute his opinion by invoking provision of Section 154. The question of relying any judgment in favour of Revenue to invoke section 154 powers is not manifested from the order u/s 154 and thus the learned CIT(Appeals) too erred to sustain the order on the basis of the judgment of the Hon ble Supreme Court in Checkmate Services Pvt. Ltd. case (supra). 7. In the case of CIT Vs. Mahavir Drilling Co. (supra) , investment allowance claimed by the assessee on drilling machines was granted by the AO. The AO later realised that the investment allowance could not have been claimed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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