2025 (9) TMI 348

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....einafter referred to as CIT-A-NFAC) in confirming the assessment at Rs. 4,46,105/- instead of Rs. 96,440/- as represented by the assessee. 2. The Learned Assessing Officer at the CPC in rectification proceedings in relation to the rectification application by the assessee under section 154 of the Income Tax Act, 1961 (hereinafter referred to as the Act) erred in making a disallowance of Rs. 3,69,663/- and the CIT-A-NFAC in confirming the same being interest and remuneration paid to partners which was duly allowed in the original intimation issued under section 143(1) of the Act without providing an opportunity to the assessee as required under section 154(3) of the Act. 3. The Learned Assessing Officer at the CPC erred in ....

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.... the assessee in its application filed u/s 154 dated 28.02.2024. However, disallowance in relation of the same was made, without granting an opportunity of being heard to the assessee. It was submitted that, the credit of TDS amounting to Rs. 2,289/- was also not granted to the assessee though the same reflected in 26AS. 3.1 The Ld.CIT(A) after considering the submission of the assessee observed and held as under: "7. The gist of the afore-stated decisions is that: - (i) A judgment is open to review inter alia if there is a mistake or an error apparent on the face of the record. (ii) A judgment pronounced by the Court is final, and departure from that principle is justified only when circumstances of a substantial and c....

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....is no scope in interfering with the Order and it is upheld." Aggrieved by the order of the Ld.CIT(A), the assessee is in appeal before this tribunal. 4. The Ld.AR submitted that an adjustment to the income can be made in the rectification proceedings u/s 154 of the Act only if the same is in relation to apparent on record. 4.1 He submitted that the remuneration and interest paid to the partners was originally claimed by the assessee and allow in the intimation issued u/s 143(1) of the Act. He submitted that if at all any amendment to the total income is to be made that will have an effect of enhancing the assessment or reducing the refund if otherwise increasing the liability of the assessee, could be done only by issuing a notice ....