AJAY BHATIA,KANPUR vs. ASSESSING OFFICER 2(2)(5) ETAWAH, ETAWAH
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that recourse to section 154 rectification for disallowing expenditure requiring detailed inquiries is not sustainable in law. The lower authorities' rectification order was reversed on this ground.
What were the facts?
The Assessing Officer and CIT(A) used section 154 rectification to disallow revenue expenditure, specifically interest and remuneration payments, as not allowable under section 37(1). The assessee appealed this decision.
What were the issues?
Whether section 154 rectification can be used to disallow expenditure that requires detailed inquiry. The validity of disallowing revenue expenditure through a rectification proceeding.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- T.S. Balaram ITO v. Volkart Bros.382 citing82 ITR 50 · 1971 · SC
Income Tax Appellate Tribunal, AGRA BENCH, “SMC” AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI M. BALAGANESH
Assessment Year: 2014-15 Vs. Assessing Officer-2(2)(5), Sh. Ajay Bhatia, 117/H-2/126, Pandu Nagar, Etawah, Kanpur Uttar Pradesh PAN :ACBPB9601R (Appellant) (Respondent) Assessee by Sh. Anurag Sinha, Adv. Department by Sh. Shailender Shrivastava, Sr. DR Date of hearing 06.02.2025 Date of pronouncement 06.02.2025 ORDER
PER SATBEER SINGH GODARA, JM
This assessee’s appeal for assessment year 2014-15 arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1064749066(1) dated 09.05.2024 involving proceedings under section 154 of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
It emerges during the course of hearing that both the learned lower authorities have taken recourse to section 154 rectification for the purposes of disallowing the assessee’s revenue expenditure representing interest and remuneration payments etc. amounting to Rs.1,56,552/-; as not allowable under section 37(1) of the Act, in the Assessing Officer’s order dated 23rd of January, 2019, as upheld in the lower appellate discussion.
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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