2023 (3) TMI 1352

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.....DR ORDER PER PRADIP KUMAR KEDIA, A.M.: The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals), Moradabad, ['CIT(A)' in short], dated 22.10.2019 arising from the assessment order dated 26.05.2016 passed by the Assessing Officer (AO) under Section 154 of the Income Tax Act, 1961 (the Act) concerning AY 2012-13. 2....

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....erein a disallowance of Rs.65,42,800/- was made on account of cash payments made towards purchase of bricks alleging breach of Section 40A(3) of the Act. In defense, the assessee contended that the cash payments were made on Holiday/Sunday and is thus covered by extant clause (J) of Rule 8DD of the Income Tax Rules as well as by considerations of business expediency. 4. It is further contended ....

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.... and limited power to rectify any mistake which is apparent from record. It is not open to the Assessing Officer to go into the true purport of the provision of the Act in the rectification proceedings and what can be rectified is an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points where there may be conceivably two opinions. 6....