2005 (5) TMI 245

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....iled by the Revenue against the order of the CIT(A)-IV, Bangalore, dt. 5th March, 2003. 2. In this case, assessment was completed under s. 143(3) of the IT Act vide order dt. 30th March, 2000. The AO issued notice under s. 154, vide which, the AO proposed to disallow the following expenses: (i) Car maintenance, interest on car loan and depreciation on car Rs. 99,794 (ii) Interest paid to ....

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....of loans raised in the capacity of B.C. Parthasarathy (Indl.). It was further stated that assessment has been completed under s. 143(3) and all the issues have been examined. There is no mistake apparent from the record. 4. The AO has not considered the above reply in proper perspective. In the order, he has mentioned that objections of the assessee are not acceptable and the same are overruled....

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....on-speaking one, The mistakes were not apparent from the record, The reply of the assessee has not been considered, The learned Authorised Representative supported the order of the CIT(A). 7. We have heard both the parties. Only mistake apparent from record can be rectified. Debatable issues cannot be rectified. The matter cannot be restored back to the file of the AO for verification. Only mis....