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2015 (12) TMI 1370 - ITAT HYDERABAD

2015 (12) TMI 1370 - ITAT HYDERABAD - TMI - Rectification of mistake - disallowance made out of labour charges - Held that:- Even if the claim made by the assessee in the applications filed under S.154 that the disallowance made out of labour charges in both the years under consideration is not sustainable separately was disallowed by the Assessing Officer in the orders passed under S.154 on merit, the same by itself will not enlarge the scope of proceedings under S.154, which is confined to rec .....

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der consideration, was on a debatable issue, and even the learned counsel for the assessee has not been able to dispute this position. We, therefore, find no infirmity in the impugned order of the learned CIT(A), upholding the orders passed by the Assessing Officer under S.154 for both the years under consideration whereby he rejected the rectification sought by the assessee on a debatable issue. Accordingly, the impugned order of the learned CIT(A) is upheld - Decided against assessee. - ITA No .....

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lications filed by the assessee for rectification. 2. The assessee in the present case is a company which is engaged in construction activity mainly in specified irrigation projects. The return of income for assessment year 2008-09 was originally filed by the assessee on 17.9.2008 declaring total income of ₹ 8,74,91,700. A search and seizure action under S.132 was conducted in the case of the assessee company as well as its directors on 20.08.2009. Consequent to the said action, a notice u .....

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ed during the course of search, Shri D.V.Naidu, Managing Director of assessee company agreed to surrender undisclosed income of ₹ 4 crores in the hands of the assessee company as well as in his hands and in the hands of all other family members. Accordingly, undisclosed income of ₹ 2,89,91,100 was offered to tax in the hands of the individuals, and the balance amount of ₹ 1,10,08,900 was added by the Assessing Officer to the total income of the assessee company in the assessmen .....

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e Assessing Officer to the total income of the assessee for assessment year 2008-09 in the assessment completed under S.153A read with S.143(3) of the Act vide order dated 30.12.2011. 3. Subsequently on 23.1.2012, the assessee moved two applications under S.154 for assessment year 2008-09 and 2009- 10, claiming that the disallowance made out of labour expenses for assessment years 2008-09 and 2009-10 should be telescoped in the undisclosed income of ₹ 1,10,08,900, added for assessment year .....

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deficiencies found in the relevant bills and vouchers and the same having been agreed by the assessee, the claim of the assessee as made in the applications under S.154 that no separate disallowance out of labour expenses is called for, was not acceptable. Accordingly, the applications filed by the assessee under S.154 for both the years under consideration on this issue were rejected by the Assessing Officer vide two separate orders passed by him on 22.3.2102. 4. Against the orders passed by th .....

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ion Sri D.V.Naidu, MD, of the company declared the amount of ₹ 4-crores in the hands of his family members, company and himself. The appellant's plea that the disallowances may by the Assessing Officer in the assessment orders should be telescoped into the declaration made in the hands of the family members of the Directors/MD and also the company u/s. 154 of the IT Act cannot be accepted, since it is not a mistake apparent from record. Only an obvious mistake can be rectified {Grasim .....

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of ₹ 4 crores during the search & seizure operation on the basis of incriminating material found and to be found and the disclosure was made in the names of various persons including the appellant company and adjusting the disallowances made by the Assessing Officer in the case of the' appellant company against the disclosure made in various names is not a mistake apparent from record. Therefore, the Assessing Officer's action in rejecting the application 154 of IT Act on this .....

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