TaxTMI 
TaxTMI 
2025 (3) TMI 871
X X X X Extracts X X X X
X X X X Extracts X X X X
....referred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the "Ld. CIT(A)"] dated 06.09.2024 for the AY 2015-16. 02. The only issue pressed at the time of hearing by the Counsel of the assessee is against the ground no.2, which is extracted below:- 03. The facts in brief are that the assessee filed the return of income on 16.10.2015, dec....
X X X X Extracts X X X X
X X X X Extracts X X X X
....remuneration to the tune of Rs. 31,35,000/- paid in cash. 04. In the appellate proceedings, the ld. CIT (A) dismissed the appeal of the assessee by mis-construing the facts as to the assessee's age. The ld. CIT (A) noted that in Para 1.4, the appellate stated that Mr. Sajid Mowjee is aged 61 years, however ld. CIT(A) noted that in Para 1.6 as well as in the accompanying affidavit, the age of Mr. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... case of CIT vs. Hero Cycles (P). Ltd. 228 ITR 463 (SC), wherein Hon'ble Supreme Court held that rectification u/s 154 of the Act can only be made when glaring mistake of fact or law has been committed by the officer passing the order and it becomes apparent from the record. Rectification is not possible if the question is debatable. Moreover, the point which is not examined on fact or in law ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....oceedings u/s 154 since the question of determination & quantification of partner's remuneration was a debatable question both on facts and in law. The High Court accepted the assessee's contention and held the question of manner of determination of 'book profit for the purposes of Sec 40(b) was a contentious issue and had been considered by various judicial forums. In the circumstance....