PRIME HEALTH CARE PRODUCTS,DAMAN vs. ACIT, VAPI CIRCLE,, VAPI

ITA 506/SRT/2019Status: DisposedITAT Surat06 January 2023AY 2009-10Bench: SHRI PAWAN SINGH (Judicial Member), DR. A. L. SAINI (Accountant Member)6 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the issue of allowing deduction under Section 80IB was debatable and therefore not rectifiable under Section 154. The disallowance was based on cogent reasons and judicial precedents, and thus not a mistake apparent from the record.

What were the facts?

The assessee filed a rectification application under Section 154 to claim deduction under Section 80IB, which was disallowed in the original assessment. The Assessing Officer and the CIT(A) rejected the application, holding that the issue was debatable and not a mistake apparent from the record.

What were the issues?

Whether a debatable issue regarding Section 80IB deduction can be rectified under Section 154 as a mistake apparent from the record.

Which sections of the Income-tax Act were involved?

Section 154,Section 80IB,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM

For Appellant: Shri Nitin Mehta, AR
For Respondent: Shri Vinod Kumar, Sr. DR
Hearing: 13/12/2022

PER DR. A. L. SAINI, AM: Captioned appeal filed by the assessee, pertaining to Assessment Year (AY) 2009-10, is directed against the order passed by the Learned Commissioner of Income Tax (Appeals), [in short “the ld. CIT(A)”], in Appeal No. CIT(A)/VLS/158/18-19, dated 27.08.2019, which in turn arises out of an assessment order passed by Assessing Officer under section 154 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), dated 01.06.2018. 2. The grounds of appeal raised by the assessee are as follows:

“1. The learned CIT (Appeals) has erred in dismissing the appeal holding that there is no mistake a

The order continues below.

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