Appeal successful as Tribunal exceeded jurisdiction in assessing taxpayer's receipts. Incorrect addition reversed.

Vardhaman Enterprises Versus The Income Tax Officer, Ward-9 (4), Pune

Vardhaman Enterprises Versus The Income Tax Officer, Ward-9 (4), Pune - TMI Issues involved:
The appeal against the National Faceless Appeal Centre's order under Section 154 of the Income Tax Act, 1961 for assessment year 2014-15.

Grounds Pleaded by Assessee:
1. The Assessing Officer erred in passing the order under Section 154 when submissions for turnover mismatch were already made and recorded in the assessment order under Section 143(3). The addition made under Section 154 should be deleted.
2. Authorities erred in confirming additions for gross profit on mismatch in 26AS data. The order should be cancelled.
3. Request to be allowed to amend or raise any ground of appeal.

Summary of Judgment:

The assessee challenged the correctness of the lower authorities' action in invoking Section 154 for assessing a mismatch in contract receipts. The dispute revolved around the addition of Rs. 86,236 as gross profit on the mismatched contract receipts of Rs. 9,58,176. The Tribunal considered the legal proposition that Section 154 is applicable only for apparent mistakes not requiring detailed inquiries. The assessee contended that the impugned sum was related to a service tax component already assessed during scrutiny assessment. The Tribunal found that the rectification under Section 154 to assess the taxpayer's receipts at 9% was beyond the scope of jurisdiction. Therefore, the rectification was reversed, and the appeal was allowed.

Separate Judgment:
No separate judgment was delivered by the judges.