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2021 (9) TMI 645 - AT - Income TaxRectification u/s 254(2) - Addition of amount to the book profits by holding it to be a contingent liability - HELD THAT:- We find that vide Para 20 of the order [2021 (1) TMI 741 - ITAT DELHI] in respect of amount we have for the reasons stated therein have held the aforesaid amount to be allowable expenditure as it is not a liability of contingent in nature. Once the amount has been held it to be allowable as not being in contingent nature, the effect of the same will be that since it is not in the nature of contingent liability, it cannot be added to the book profits u/s 115JB of the Act. We thus find force in the submissions of Ld AR that the Ground No.3 [2021 (1) TMI 741 - ITAT DELHI] should have been allowed as its dismissal would be contrary to the finding given in Para 20 of the order. Considering the totality of the aforesaid facts, we are of the view that the dismissal of Ground No.3 is a mistake apparent which is amenable to rectification u/s 254(2) - MA of the assessee is allowed
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