2019 (3) TMI 992

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.... the ground that corresponding income has not been offered for tax in the relevant assessment year . (2) The learned Commissioner of Income Tax (Appeals) ought to have appreciated that the character of receipt in the hands of the appellant is that of an advance and therefore the question of offering the same as income does not arise. (3) The learned Commissioner of Income Tax (Appeals) ought to have appreciated that the issue is highly debatable and therefore would not fall within the purview of Section 154 of the Income Tax Act. (4) The very fact that a third member has decided the appeal itself shows that the issue is debatable and such issues are outside the purview of Section 154 of the Income Tax Act. Appellant prays that the o....

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....e is debatable one and resort to rectification u/s 154 of the I.T.Act cannot be taken on the facts of the instant case. The learned Counsel for the assessee submitted that the Delhi Bench of the Tribunal in the case of Bikramjit Ahluwalia v. JCIT [ITA No.5842/Del/2013 - order dated 11.05.2017] had held that "once the TDS was deducted and paid to the Central account, a credit of the same should be given to the assessee in order to avoid all sorts of complications in the year of deduction of TDS". In view of the above order of the Tribunal, it was submitted that when there is conflicting orders of the ITAT on the issue, the same becomes debatable and rectification u/s 154 of the I.T.Act cannot be taken. 6. The learned Departmental Representa....