NAJMUL ISLAM QA, RUL ISLAM SAYED,MUMBAI vs. ITO 12(2)(2), MUMBAI

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ITA 2585/MUM/2018Status: DisposedITAT Mumbai19 July 2019AY 2006-073 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision, stating that the disallowances were subject to regular appeal and not rectification under Section 154. Therefore, the assessee's appeal was dismissed.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed because the assessee had filed a rectification application under Section 154 of the Act for disallowances made by the AO. The CIT(A) held that these disallowances were not rectifiable mistakes but conscious decisions of the AO.

What were the issues?

Whether disallowances made by the AO are rectifiable mistakes under Section 154 or require a regular appeal. Whether the CIT(A) was correct in dismissing the appeal on this ground.

Which sections of the Income-tax Act were involved?

Section 154,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “B”, MUMBAI

Before: SHRI MAHAVIR SINGH & SHRI RAJESH KUMAR

For Respondent: Shri S. Abi Rama Karthikeyan, DR

PER MAHAVIR SINGH, J.M: This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax(Appeals)-28, Mumbai, dated 05-02-2018 in Appeal No. CIT(A)-28/IT-678/ITO- 17(2)(4)/2014-15. The assessment was framed by the ITO- 13(2)(2), Mumbai u/s. 143(3) of the Income Tax Act, 1961 [herein after referred to as ‘Act’] for the AY 2006-07, vide his order dated 11-12-2008.

2.

The first issue in this appeal of assessee is against the order of CIT(A), confirming the addition made by the Assessing Officer (AO) of difference in commission as per TDS Certificate and as recorded in the books account noted as per the P&L A/c. The assessee has also raised the issue of disallowance of telephone expenses and sundry expenses by restricting the same at 25% and 50% respectively. For this, assessee has raised the following Ground(s): “During the assessment, the learned assessing officer erred in disallowing ₹5,14,711/- on account of difference in commission income received during the year, disallowance of ₹32,161/- on account of telephone expenses and disallowances of ₹5,01,139/- on account of salary expenses paid. The learned assessing officer provided with the requisite details along with supporting but the same has not been accepted. The case was decided on the basis of assumption without considering the facts”.

3.

We have heard rival contentions and gone through the facts and circumstances of the case. We noted that the CIT(A) has dismissed the appeal of assessee as the assessee has moved rectification application u/s.154 of the Act before the AO in regard to disallowance of these expenses. The CIT(A) noted that these disallowances do not relate to rectification of mistake as there is no mistake apparent from record rather the AO has taken a conscious decision after application of mind. The CIT(A) further noted that these are subject matter of regular appeal before the CIT(A) and not for rectification of mistake, hence CIT(A) dismissed the appeal of assessee. We noted that the CIT(A) has rightly observed that the above addition is the subject matter of appeal and not rectification u/s.154 of the Act. Hence, we dismiss the appeal of assessee. Order pronounced in the open court on 19th July, 2019

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