TMI Blog2023 (1) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... mistake apparent from record which is rectifiable u/s 154 of the IT Act as the disallowance u/s 80IB was made by mentioning of cogent reasons given in the assessment order u/s 143(3) of the IT Act by the AO. There is no mistake apparent from the record in the current case and rectification application was rightly rejected by assessing officer. Facts also indicate that the assessment order passed on 29/08/2011 and first rectification application is claimed to have been filed on 26/08/2015. This shows that the assessee missed the deadline for filing regular appeal and recourse to rectification was taken to bring the issue to back to life for further legal remedy. However, by way of rectification petition, the assessee cannot-raise the iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Tribunals which supported the proposition of the Assessee that under the present facts, the rectification sought by it, ought to be allowed. 4. The learned CIT (A) has failed to follow the principle of consistency enumerated by various Courts especially in case of the same assessee where similar claims have been earlier already decided in favour of the Assessee. 5. The learned CIT(A) erroneously holds that the Appellate orders of earlier years were not brought to the notice of the AO in the assessment proceedings as the same is always part of the record of the file of Assessee. Even assuming without admitting that the same were not brought to the notice of the AO, it is the duty of AO to apply the law and provide the relief w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 80IB of the Act, by excluding income from Scrap sale of Rs.4,92,789/- and discount received of Rs.14,99,839/- from the eligible profits, in the said assessment order. The assessee has requested the assessing officer to allow this claim of deduction under section 80IB of the Act, by doing rectification under section 154 of the Act. That is, assessee wanted to correct the mistake in the original order passed by assessing officer under section 143(3) of the Act, by relying on various judgments, and has requested the assessing officer to rectify the mistake under section 80IB of the I.T. Act. 4. However, the assessing officer has rejected the claim of the assessee holding that the issue involved did not come under the purview of mis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that such appellate orders were not brought to the notice of the AO in the assessment proceedings. Hence, I agree with the AO that there is no mistake apparent from the record in the current case and rectification application was rightly rejected. Facts also indicate that the assessment order passed on 29/08/2011 and first rectification application is claimed to have been filed on 26/08/2015. This shows that the assessee missed the deadline for filing regular appeal and recourse to rectification was taken to bring the issue to back to life for further legal remedy. However, by way of rectification petition, the assessee cannot-raise the issue which could have been taken up in regular appeal only. In view of the above facts and circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore assessee`s appeal should not be allowed on merit. 10. We have heard both the parties and carefully gone through the submission put forth on behalf of the assessee along with the documents furnished and the case laws relied upon, and perused the fact of the case including the findings of the ld. CIT(A) and other materials brought on record. We note that assessee has filed an appeal against the order passed by the Assessing Officer, under section 154 of the Act before the ld.CIT(A). On appeal, ld CIT(A) held that the issue relating to deduction under section 80IB of the Act, is a debatable issue and therefore cannot be rectified under section 154 of the Act. We observed that any mistake apparent from the record can be rectifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to the notice of the AO in the assessment proceedings. Hence, there is no mistake apparent from the record in the current case and rectification application was rightly rejected by assessing officer. Facts also indicate that the assessment order passed on 29/08/2011 and first rectification application is claimed to have been filed on 26/08/2015. This shows that the assessee missed the deadline for filing regular appeal and recourse to rectification was taken to bring the issue to back to life for further legal remedy. However, by way of rectification petition, the assessee cannot-raise the issue which could have been taken up in regular appeal only. This way, the ld CIT(A) has confirmed the action of the assessing officer and dismissed th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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