2022 (3) TMI 1015

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.... Shri T. Shankar, Sr. DR ORDER PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against the order of Commission of Income Tax (Appeals), National Faceless Appeals Centre [in short the' CIT(A)'] dated 25/08/2021, for the Assessment Year 2018-19. 2. The brief facts of the case as emanating from records are: The assessee filed his return of income for impugned assessment yea....

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....wance sought to be rectified u/s. 154 of the Act is a debatable issue, hence, outside the purview of section 154 of the Act. Aggrieved by the aforesaid findings of the first appellate authority, the assessee is in appeal before the Tribunal. 3. Shri T. Shankar representing the Department vehemently defended the impugned order and prayed for dismissing the appeal of assessee. 4. We have heard....

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.... has to be given to the assessee. In the instant case since return of the assessee was processed u/s. 143(1) of the Act, no opportunity was granted to the assessee to put forth his stand before disallowing the expenditure. In the First Appellate proceedings, the CIT(A) dismissed the appeal of assessee against the order passed u/s. 154 of the Act on the ground that the issue raised is debatable. If....

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....t in this regard are reproduced herein under: "10. In the present facts, it is undisputed that the decision of Gujarat High Court was referred to in the computation of income. Thus, the Assessing Officer could not have disallowed the claim on a prima facie view that the same is inadmissible. In fact, there can be no dispute that even according to the Assessing Officer, the issue was debat....