TMI Blog2023 (3) TMI 1352X X X X Extracts X X X X X X X X Extracts X X X X ..... as by considerations of business expediency - assessee further contends that provisions of Section 154 confer a very narrow and limited power to rectify any mistake which is apparent from record - HELD THAT:- We agree. The Rule 6DD(J) at the relevant time provided for inapplicability of Sect ion 40A(3) where the payments were made in cash on bank Holidays. The Assessing Officer has questioned the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k Agarwal, CA For the Department : Shri Vijay Kumar Kataria, Sr.DR ORDER PER PRADIP KUMAR KEDIA, A.M.: The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals), Moradabad, [ CIT(A) in short], dated 22.10.2019 arising from the assessment order dated 26.05.2016 passed by the Assessing Officer (AO) under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter, an order dated 26.05.2016 was passed under Sect ion 154 of the Act wherein a disallowance of Rs.65,42,800/- was made on account of cash payments made towards purchase of bricks alleging breach of Section 40A(3) of the Act. In defense, the assessee contended that the cash payments were made on Holiday/Sunday and is thus covered by extant clause (J) of Rule 8DD of the Income Tax Rules as well ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee further contends that provisions of Section 154 confer a very narrow and limited power to rectify any mistake which is apparent from record. It is not open to the Assessing Officer to go into the true purport of the provision of the Act in the rectification proceedings and what can be rectified is an obvious and patent mistake and not something which can be established by a long drawn proce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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