2023 (8) TMI 154

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....A MOHAN GARG, J.M. This appeal has been filed against the order of Ld. NFAC, New Delhi dated 01.11.2022 for AY 2012-13. 2. The grounds of assessee are as follows:- 1. That the A.O. was not competent to rectify the order of Principal CIT, Ghaziabad who has issued Form No. 5 if any mistake pointed by the A.O., same can be rectified by the Pr. CIT, Ghaziabad. Therefore, CIT(A), is in e....

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..... Senior DR. Therefore we proceed to adjudicate the appeal ex-parte qua assessee. 4. From the grounds raised before ld. CIT(A) as well as before us the main contention of appellant is that the A.O. was not competent. to rectify the order of Principal CIT, Ghaziabad who has issued Form No. 5 if any mistake pointed by the A.O., same can be rectified by the Pr. CIT, Ghaziabad. Therefore, CIT(A), i....

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..... 5(2) of VSVS scheme is conclusive is not correct. Because in the case under reference there is apparent error with regard to rate at which tax is chargeable. 6. On careful consideration of above submission first of all, we find it appropriate to take note of some undisputed facts of the matter. We note that as per letters 13.06.2023 of ITO, Ward-1(1)(3) Meerut and written submissions of ld. S....

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.... sec 154 of the Act to rectify the order passed by his super senior officer i.e. ld. PCIT. 7. In our humble view form no. 5 dated 13.01.2021 under VSVS scheme was issued by the ld. PCIT, Ghaziabad and the Assessing Officer rectified tax calculation mistake in the same form by invoking provisions of sec 154 of the Act on 20.09.2022. The Assessing Officer is not validly entitled and empowered to ....