2025 (3) TMI 1377

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....he facts and circumstances of the case, the order passed by the learned CIT(A) is bad both in the eye of law and on facts. 2. (i) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in sustaining the order passed by the AO under section 154 of the Act. (ii) That the learned CIT(A) has confirmed the order passed by the AO under section 154 of the Act rejecting the contention of the assessee that AO cannot review it's earlier order under section 154 of the Act. (iii) That the learned CIT(A) has confirmed the order passed by the AO despite the fact that there was no mistake apparent from record in the earlier order passed under section 143(3) of the Act. 3. (....

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....turn of income and credit for the same has been allowed in the assessment. It has been observed that TDS of Rs. 36,38,974/- is on account of interest on FDR and on advance from customer. Out of TDS of Rs. 36,38,974/- amount of TDS of Rs. 2,17,490/- relates to interest of FDR and remaining amount of TDS of Rs. 34,27,484/- relates to advance from customers. Since, TDS of Rs. 34,21,484/- related to advance from customers and no TDS receipts have been shown in P&L a/c credit of TDS of Rs. 34,21,484/- is not allowable to the assessee as per provisions of section 199 of I.T. Act, read with Rule 37BA of I.T. Rules and the same should have been withdrawn with interest." 3.1. The Assessing Officer issued notice u/s 154/155 of the Act and noted th....

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....ctification proceedings u/s 154 of the I.T. Act is legally untenable and cannot be sustained. The relevant finding of the Tribunal is reproduced as below:- 7. We have heard the rival submissions and perused the material on record. The only issue that is raised is whether the credit of Rs. 2,57,500 which was given in the assessment order can be withdrawn in an order passed u/s 154 of the I.T. Act on the ground that corresponding income was not been offered for tax in the relevant assessment year? We are of the view that the issue is debatable and would not come within the purview of section 154 of the I.T.Act. The Delhi Bench of the Tribunal in the case of Bikramjit Ahluwalia (supra) had held that when tax has been deducted and paid....