2024 (9) TMI 350

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.... For the Revenue : Shri R.R. Makwana, Sr. D/R ORDER PER NARENDRA KUMAR BILLAIYA, AM : This appeal by the assessee is preferred against the order dated 14/05/2024 by NFAC Delhi [in short 'ld. CIT(A)] pertaining to AY 2017- 18. 2. The sum and substance of the grievance of the assessee is that, the ld. CIT(A) erred in confirming the action of the AO in passing the order u/s 154 of the Act thereby....

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....6,953/-. 3.2. The assessee carried the matter before the ld. CIT(A) but without any success. 4. Before us, the ld. Counsel for the assessee stated that while framing the original assessment order, the AO was well aware of the decision in favour of the assessee, insofar as there was delay in deposit of EPF & ESI and after verifying the claim, the AO allowed it. Subsequently, when the Hon'ble Supr....

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..... The question of relying on any judgment in favour of the revenue to invoke powers u/s 154 of the Act has not manifested from order u/s 154 of the Act. Thus, both the lower authorities erred in rectifying the assessment order on the basis of the judgment of the Hon'ble Supreme Court in the case of Checkmate Services Pvt. Ltd. (supra). 6. In the case of CIT vs. Mahavir Drilling Co. reported in 27....

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....n assessee, the action on the part of AO in invoking section 154 of the Act rectifying the mistake in wrongly granting the benefit to assessee in the original assessment order could always be withdrawn. The assessee submitted that the law laid down in N.C. Budharaja & Co. case (supra) was prospective in nature, therefore, the same would not apply to this case because, on the date when AO granted r....