Assessment of Ram Bhajan Ltd for Asst. Year 2018-19 was completed under section 143(3) by making additions of ₹25 lakhs to the income declared in the return. The assessee company filed an appeal before the Commissioner (

CS Professional · Direct Tax Law & Practice · PYQS · December 2020
Assessment of Ram Bhajan Ltd for Asst. Year 2018-19 was completed under section 143(3) by making additions of ₹25 lakhs to the income declared in the return. The assessee company filed an appeal before the Commissioner (Appeals) which is pending till date for adjudication. In this backdrop, answer the following in the context of provisions contained under the Income Tax Act, 1961: Can the Assessing Officer pass an order under section 154 for rectification of mistake in respect of the issues not being raised and are subject matter of appeal?

Answer & Explanation:

Assessing Officer as per section 154(1A) of the Income tax Act, 1961, can pass rectification order under section 154(1) to rectify a mistake which is apparent from records in relation to a matter other than the matter which has been considered and decided in the appeal before Commissioner (Appeals). The issue under consideration in this case relates to rectification of a mistake in respect of a matter which is not the subject matter of appeal. Therefore, Assessing Officer can pass an order under section 154 for rectification provided the same is a mistake apparent from the records.

Topics: Assessment Procedures

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