2022 (10) TMI 1113

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.... 2. Order of rectification passed and served at a much later date:- The appellant prays and urges that the order of Sec 154 passed for Asst. Year 2010- 11 was passed on 31st March 2014 and was never served to the appellant. The appellant got to know about the passage of the order of rectification for Asst. Year 2010-11 only when it had approached the office of Income Tax Officer, Ward 3(2)(1), Ahmedabad for refund of its pre-deposit made for appeal for Asst. Year 2013-14. The appellant even presented an affidavit stating all these facts before the Ld. CIT(A)-3, Ahmedabad which has been blissfully ignored and missed completely in the first appellate order. Hence, there is no inaction or delay on part of the appellant to c....

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....apparent mistake from the records of the appellant, when in fact all the required data were furnished at the time of regular assessment. Although averred before the Ld. CIT(A)-3, Ahmedabad, it has been blissfully ignored. 5. Reg. Addition is made as other income while computing allowable remuneration A plain look at the order of rectification would reveal that, the learned assessing officer has added various items which are inextricably linked to the sales, purchases, duties and taxes relating to sales and purchases of the business being run by the appellant. Hence whatever additions have been made, do not qualify as income from other sources are inextricably part of net profit from business and/ or profession run by the a....

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....CIT(A) dismissed the appeal of the assessee. 5. The Ld. AR submitted that the Assessing Officer wrongly added various items which are inextricably linked to the sales, purchases, duties and taxes relating to sales and purchases of the business. Therefore, the addition made do not qualify as income from other sources which are inextricably part of net profit of the business. The Ld. AR submitted that the Assessing Officer has exercised a change of opinion which is not as per the intention of Section 154 of the Act. In fact, the assessee has given all the required data to the Assessing Officer at the stage of Section 143(3) original assessment proceedings. The Ld. AR further submitted that the CIT(A) also ignored this fact, but dismissed t....