TMI Blog2015 (12) TMI 1370X X X X Extracts X X X X X X X X Extracts X X X X ..... on by the learned CIT(A) in her impugned order, the decision rendered on a debatable issue cannot be treated as a mistake apparent from record, so as to rectify the same under S.154. As rightly held by the learned CIT(A) in this context, the rectification sought by the assessee vide applications filed under S.154 for both the years under 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, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2,300. During the course of search, certain incriminating material was found and seized and in his statement recorded 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 assessment made for assessment year 2009-10 under S.143(3) read with S.153A of the Act, vide order dated 30.12.2011. Besides the said addition, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the Assessing Officer under S.154 for both the years under consideration, appeals were preferred by the assessee before the learned CIT(A), and after considering the submission made on behalf of the assessee as well as the material available on record, the learned CIT(A) upheld the orders passed by the Assessing Officer under S.154 for both the years under consideration for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke apparent from record. Therefore, the Assessing Officer's action in rejecting the application 154 of IT Act on this issue is justified and hence is confirmed. Aggrieved by the order of the learned CIT(A), assessee has preferred these appeals before the Tribunal. 5. We have heard the arguments of both the sides and also perused the relevant material on record. The only contention raised by the learned counsel for the assessee before us is that the Assessing Officer having rejected the claim of the assessee, as made in the applications filed under S.154 on merits, the learned CIT(A) is not justified to uphold the orders of the Assessing Officer passed under S.154 on altogether new ground that the issue raised by the assessee in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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