9911796707
TMI Blog1982 (2) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... 21,168 --- 1/3 expenses on motor cycle and scooter as in past 1,951 --- Depreciation to be considered separately 3,829 --- Out of shop expenses inadmissible, as shown 300 ----------------- Total 60,625 ----------------- Less : Depreciation actually due [loss claimed on motor cycle purchased and sold during the year and depreciation on motor cycle (new) not claimed in annexure disclosed] 2,282 ----------------- 58,348 Add: Interest paid to Ramjiwanlal Vishnu Kumar and Vishnu Kumar Anil Kumar of which Sri Vishnu Kumar partner is the karta of the HUF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 32 and as such mistake of law. 4. That the mistake is apparent from the records. It is, therefore, humbly prayed that the mistake may kindly be rectified, assessment be revised and demand of Rs. 620 may kindly be cancelled. 4. The ITO, however, rejected the assessee's application in the following manner: "Assessment for this year has been completed under section 143(1) at an income of Rs. 60,110 against returned income of Rs. 55,600 after making adjustment of inadmissible deductions claimed by the assessee. Aggrieved with this order the assessee has filed application under section 154 on 10-4-1980. On going through this application, it has been noticed that the assessee wants to bypass the provisions of section 143(2A) by makin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s apparent from the records and as such the ITO had rightly rejected the application moved by the appellant on 9-4-1980. Accordingly, the order under section 154 passed by the ITO is hereby confirmed." 6. Being aggrieved by the order of the AAC, the assessee has come up in appeal before us. The learned counsel for the assessee reiterated the submissions which were made before the income-tax authorities and contended that the ITO ought to have accepted the application made by the assessee under section 154 and ought to have amended the assessment accordingly. According to the learned counsel for the assessee, the assessee had option either to raise objections before the ITO as contemplated under section 143(2)(a) within one month from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee on receipt of the assessment order framed under section 143(1) was to make an application under section 143(2)(a), objecting to the manner in which the assessment was framed by the ITO. Since the assessee had failed to do so, it was urged on behalf of the revenue that the time limitation prescribed under section 143(2)(a) cannot be extended by invoking the provisions of section 154. Thereafter, he also invited our attention to the application under section 154 made by the assessee and highlighted the fact that none of the items mentioned therein could be rectified under section 154, as in deciding each of them, long-drawn process of arguments/reasonings were required. As regards the terminal allowance, claimed under section 32( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as contemplated under section 143(2)(a), instead of making an application under section 154. When certain specific remedies are provided in section 143, we fail to appreciate how the assessee could make an application under section 154. Apart from this legal position, we are in full agreement with the submissions made on behalf of the revenue that even assuming for the sake of argument that, the application made under section 154 was a valid one, the ITO could not have passed an order under that section with a view to rectify the mistakes pointed out in the application of the assessee as none of them could have been rectified without long-drawn process of arguments and reasonings. In this view of the matter, we are of the opinion that in v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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