TMI Blog2022 (5) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... an error apparent on the face of the record. A decision on a debatable point of law is not a mistake apparent from the record. Coming to the instant case it is not in dispute that the AO has passed the order u/s 154 of the Act on a debatable issue, which cannot be construed rectification of any mistake apparent from the recordand by virtue of provisions of section 154 of the Act, the AO is not empowered to do so, hence respectfully following the aforesaid dictum of the Hon ble Apex Court, we are inclined to quash the order passed by the ld. AO u/s 154 of the Act itself. Ordered accordingly. Consequently, the impugned order is set aside. In the result the appeal filed by the Assessee is allowed. - ITA No.7508/Del/2018 - - - Dated:- 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who is a working partner or of interest to any partner which, in either case, is not authorized by, or is in accordance with, the terms of partnership deed is not deductible in computing the income chargeable under the heads Profits or Gains of business or profession . 2.2 Though the AO issued a notice on dated 08.02.2017 fixing the case for hearing on 15.02.2017 to rectify the excess interest expenses allowed. However, the Assessee neither appeared nor filed any reply. Subsequently, on dated 27.02.2017 the Assessee in the proceedings u/s 154 of the Act except filing an adjournment application, did not file any reply and/or documents therefore, it was observed by the AO that the Assessee has nothing to say or submit or furnish which can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a letter dated06.03.2017 furnished with ASK on 10.03.2017. As the order was already passed on 08.03.2017 and therefore there was no occasion for the AO to consider the submission of the appellant furnished on 10.03.2017. Since, the appellant has not given any cogent reason for admission of additional evidence during the course of appellate proceedings under Rule 46A at this stage. Hence, the additional evidence submitted by the appellant during the course of appellate proceedings cannot be admitted. 4. Aggrieved by the impugned order, the Assessee is in appeal before us. Though the Assessee also raised the issues on merits however, emphasized that disallowance made by AO and sustained by Ld. Commissioner is a debatable issue and not an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
