TMI Blog2021 (4) TMI 766X X X X Extracts X X X X X X X X Extracts X X X X ..... - HELD THAT:- None appeared on behalf of the assessee. DR could not controvert that the issue on merit itself is covered in favour of the assessee by the Supreme Court in M/S YOKOGAWA INDIA LTD. [ 2016 (12) TMI 881 - SUPREME COURT] - Moreover as rightly pointed out by the learned CIT(A) this issue cannot be subject matter of order under section 154. As an order under section 154 can be passed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0B was as per CBDT Circular No. 7/2013 dated 16.07.2013, the action of the Assessing officer falls within the preview ofSec.154 of the Act. 2. The appellant craves leave to amend or alter any ground or add a new ground that may be necessary. 3. The Ld. CIT(A)'s order is contrary in law and on facts and deserves to be set aside. 3. In this case Assessing Officer passed an ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f learned CIT(A) in this regard as under :- I have considered the submission made by the assessee. It is observed that the AO has passed rectification order u/s. 154 of the Act and has allowed deduction u/s 10B of the IT Act to the appellant after adjustment of losses of other units owned by the appellant. The action of the AO is not in conformity with the decisions quoted by the appellant. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned departmental representative. None appeared on behalf of the assessee. Learned departmental representative could not controvert that the issue on merit itself is covered in favour of the assessee by the Supreme Court decision as above. Moreover as rightly pointed out by the learned CIT(A) this issue cannot be subject matter of order under section 154. As an order under section 154 can be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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