CIT v. GEI Engineering Ltd.

8Th Batalian India Reserve Caf, Rajnandgaon vs. ACIT, CPC, TDS, Ghaziabad

Bench: Shri Ravish Sood & Shri Arun Khodpia

…ing it (Khatau Junker v Pathania 196 ITR 55, CIT v Sitaram Textiles 248 ITR 139). A debatable issue cannot be decided by the assessing officer under the guise of making an adjustment under section 143(1)(a) (Coates v DCIT 214 ITR 498, CIT v Shikhar Chand Jain 263 ITR 221, CIT v Manubhai M Patel 296 ITR 143). 3. Further, what falls within the scope of rectification as visualized under the provisions of section 154, is the case of a mistake, and such mistake should be apparent from record. Judicial pronouncements on the subject have laid down the line of reasoning that the mistake should be obvious, clear, and pate…

8Th Batalian India Reserve Caf, Rajnandgaon vs. ACIT, CPC, TDS, Ghaziabad

Bench: Shri Ravish Sood & Shri Arun Khodpia

…ing it (Khatau Junker v Pathania 196 ITR 55, CIT v Sitaram Textiles 248 ITR 139). A debatable issue cannot be decided by the assessing officer under the guise of making an adjustment under section 143(1)(a) (Coates v DCIT 214 ITR 498, CIT v Shikhar Chand Jain 263 ITR 221, CIT v Manubhai M Patel 296 ITR 143). 3. Further, what falls within the scope of rectification as visualized under the provisions of section 154, is the case of a mistake, and such mistake should be apparent from record. Judicial pronouncements on the subject have laid down the line of reasoning that the mistake should be obvious, clear, and pate…

8Th Batalian India Reserve Caf, Rajnandgaon vs. ACIT, CPC, TDS, Ghaziabad

Bench: Shri Ravish Sood & Shri Arun Khodpia

…ing it (Khatau Junker v Pathania 196 ITR 55, CIT v Sitaram Textiles 248 ITR 139). A debatable issue cannot be decided by the assessing officer under the guise of making an adjustment under section 143(1)(a) (Coates v DCIT 214 ITR 498, CIT v Shikhar Chand Jain 263 ITR 221, CIT v Manubhai M Patel 296 ITR 143). 3. Further, what falls within the scope of rectification as visualized under the provisions of section 154, is the case of a mistake, and such mistake should be apparent from record. Judicial pronouncements on the subject have laid down the line of reasoning that the mistake should be obvious, clear, and pate…

8Th Batalian India Reserve Caf, Rajnandgaon vs. ACIT, CPC, TDS, Ghaziabad

Bench: Shri Ravish Sood & Shri Arun Khodpia

…ing it (Khatau Junker v Pathania 196 ITR 55, CIT v Sitaram Textiles 248 ITR 139). A debatable issue cannot be decided by the assessing officer under the guise of making an adjustment under section 143(1)(a) (Coates v DCIT 214 ITR 498, CIT v Shikhar Chand Jain 263 ITR 221, CIT v Manubhai M Patel 296 ITR 143). 3. Further, what falls within the scope of rectification as visualized under the provisions of section 154, is the case of a mistake, and such mistake should be apparent from record. Judicial pronouncements on the subject have laid down the line of reasoning that the mistake should be obvious, clear, and pate…

8Th Batalian India Reserve Caf, Rajnandgaon vs. ACIT, CPC, TDS, Ghaziabad

Bench: Shri Ravish Sood & Shri Arun Khodpia

…ing it (Khatau Junker v Pathania 196 ITR 55, CIT v Sitaram Textiles 248 ITR 139). A debatable issue cannot be decided by the assessing officer under the guise of making an adjustment under section 143(1)(a) (Coates v DCIT 214 ITR 498, CIT v Shikhar Chand Jain 263 ITR 221, CIT v Manubhai M Patel 296 ITR 143). 3. Further, what falls within the scope of rectification as visualized under the provisions of section 154, is the case of a mistake, and such mistake should be apparent from record. Judicial pronouncements on the subject have laid down the line of reasoning that the mistake should be obvious, clear, and pate…

8Th Batalian India Reserve Caf, Rajnandgaon vs. ACIT, CPC, TDS, Ghaziabad

Bench: Shri Ravish Sood & Shri Arun Khodpia

…ing it (Khatau Junker v Pathania 196 ITR 55, CIT v Sitaram Textiles 248 ITR 139). A debatable issue cannot be decided by the assessing officer under the guise of making an adjustment under section 143(1)(a) (Coates v DCIT 214 ITR 498, CIT v Shikhar Chand Jain 263 ITR 221, CIT v Manubhai M Patel 296 ITR 143). 3. Further, what falls within the scope of rectification as visualized under the provisions of section 154, is the case of a mistake, and such mistake should be apparent from record. Judicial pronouncements on the subject have laid down the line of reasoning that the mistake should be obvious, clear, and pate…

8Th Batalian India Reserve Caf, Rajnandgaon vs. ACIT, CPC, TDS, Ghaziabad

Bench: Shri Ravish Sood & Shri Arun Khodpia

…ing it (Khatau Junker v Pathania 196 ITR 55, CIT v Sitaram Textiles 248 ITR 139). A debatable issue cannot be decided by the assessing officer under the guise of making an adjustment under section 143(1)(a) (Coates v DCIT 214 ITR 498, CIT v Shikhar Chand Jain 263 ITR 221, CIT v Manubhai M Patel 296 ITR 143). 3. Further, what falls within the scope of rectification as visualized under the provisions of section 154, is the case of a mistake, and such mistake should be apparent from record. Judicial pronouncements on the subject have laid down the line of reasoning that the mistake should be obvious, clear, and pate…

8Th Batalian India Reserve Caf, Rajnandgaon vs. ACIT, CPC, TDS, Ghaziabad

Bench: Shri Ravish Sood & Shri Arun Khodpia

…ing it (Khatau Junker v Pathania 196 ITR 55, CIT v Sitaram Textiles 248 ITR 139). A debatable issue cannot be decided by the assessing officer under the guise of making an adjustment under section 143(1)(a) (Coates v DCIT 214 ITR 498, CIT v Shikhar Chand Jain 263 ITR 221, CIT v Manubhai M Patel 296 ITR 143). 3. Further, what falls within the scope of rectification as visualized under the provisions of section 154, is the case of a mistake, and such mistake should be apparent from record. Judicial pronouncements on the subject have laid down the line of reasoning that the mistake should be obvious, clear, and pate…

Ritesh Tandon, Jabalpur vs. Asstt . Director of Income Tax, CPC, Ward2(1) Jabalpur, Jabalpur

In the result, the assessee’s appeals are allowed

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

…adjustment u/s. 143(1)(a), law on which is well-settled, as by the 5 | P a g e ITA Nos. 09 & 11/JAB/2022 (AYs. 2018-19 & 2019-20) Ritesh Tandon v. Asstt. DIT decisions in CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP); CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP). We are conscious that there has been an amendment in law, so that with effect from 01/4/2017 an adjustment u/s. 143(1)(a) could be made on the basis of the audit report. So, however, our decision in the instant case, as would be apparent from the foregoing, is based on the conflict of judicial opinion in the matter, duly noted in the Explan…

Ritesh Tandon, Jabalpur vs. Asstt.Director of Income Tax WD2(1) Jabalpur, Jabalpur

In the result, the assessee’s appeals are allowed

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

…adjustment u/s. 143(1)(a), law on which is well-settled, as by the 5 | P a g e ITA Nos. 09 & 11/JAB/2022 (AYs. 2018-19 & 2019-20) Ritesh Tandon v. Asstt. DIT decisions in CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP); CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP). We are conscious that there has been an amendment in law, so that with effect from 01/4/2017 an adjustment u/s. 143(1)(a) could be made on the basis of the audit report. So, however, our decision in the instant case, as would be apparent from the foregoing, is based on the conflict of judicial opinion in the matter, duly noted in the Explan…

Pragya Savita, Jabalpur vs. A O Circle2(1) Jabalpur, Jabalpur

In the result, the assessee’s appeal is allowed

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

…supra)(see para 3.1 of this order), is of little consequence in view of the limited scope of an adjustment u/s. 143(1)(a), law on which is well-settled, as by the decisions in CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP); CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP). We are conscious that there has been an amendment in law, so that with effect from 01/4/2017 an adjustment u/s. 143(1)(a) could be made on the basis of the audit report. So, however, our decision in the instant case, as would be apparent from the foregoing, is based on the conflict of judicial opinion in the matter, duly noted in the Explan…

Mukesh Kalway, Jabalpur vs. Asstt. Director of Income Tax CPC, Bangalore

In the result, the appeals by the assessee are allowed

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

…supra)(see para 3.1 of this order), is of little consequence in view of the limited scope of an adjustment u/s. 143(1)(a), law on which is well-settled, as by the decisions in CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP); CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP). We are conscious that there has been an amendment in law, so that with effect from 01/4/2017 an adjustment u/s. 143(1)(a) could be made on the basis of the audit report. So, however, our decision in the instant case, as would be apparent from the foregoing, is based on the conflict of judicial opinion in the matter, duly noted in the Explan…

Mukesh Kalway, Jabalpur vs. Asstt. Director of Income Tax, Bangalore

In the result, the appeals by the assessee are allowed

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

…supra)(see para 3.1 of this order), is of little consequence in view of the limited scope of an adjustment u/s. 143(1)(a), law on which is well-settled, as by the decisions in CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP); CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP). We are conscious that there has been an amendment in law, so that with effect from 01/4/2017 an adjustment u/s. 143(1)(a) could be made on the basis of the audit report. So, however, our decision in the instant case, as would be apparent from the foregoing, is based on the conflict of judicial opinion in the matter, duly noted in the Explan…

Jabalpur Motors Ltd, Jabalpur vs. Asstt Director of Income Tax CPC Bangalore., Bangalore

In the result, the assessee’s appeal is allowed

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

…supra)(see para 3.1 of this order), is of little consequence in view of the limited scope of an adjustment u/s. 143(1)(a), law on which is well-settled, as by the decisions in CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP); CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP). We are conscious that there has been an amendment in law, so that with effect from 01/4/2017 an adjustment u/s. 143(1)(a) could be made on the basis of the audit report. So, however, our decision in the instant case, as would be apparent from the foregoing, is based on the conflict of judicial opinion in the matter, duly noted in the Explan…

Mukesh Kumer Agrawal, Jabalpur vs. DCIT-Circle1(1), Jabalpur

In the result, the assessee’s appeals are allowed

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

…supra)(see para 3.1 of this order), is of little consequence in view of the limited scope of an adjustment u/s. 143(1)(a), law on which is well-settled, as by the decisions in CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP); CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP). We are conscious that there has been an amendment in law, so that with effect from 01/4/2017 an adjustment u/s. 143(1)(a) could be made on the basis of the audit report. So, however, our decision in the instant case, as would be apparent from the foregoing, is based on the conflict of judicial opinion in the matter, duly noted in the Explan…

Mukesh Kumar Agrawal, Jabalpur vs. DCIT- Circle 1(1) Jabalpur, Jabalpur

In the result, the assessee’s appeals are allowed

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

…supra)(see para 3.1 of this order), is of little consequence in view of the limited scope of an adjustment u/s. 143(1)(a), law on which is well-settled, as by the decisions in CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP); CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP). We are conscious that there has been an amendment in law, so that with effect from 01/4/2017 an adjustment u/s. 143(1)(a) could be made on the basis of the audit report. So, however, our decision in the instant case, as would be apparent from the foregoing, is based on the conflict of judicial opinion in the matter, duly noted in the Explan…

M/S Srbh Ebguneering & Equipment Pvt Ltd Delha Mod, Sarla Nagar, Maihar Distt Satna(M.P), Satna vs. Deputy Commissioner of Income Tax, DCIT Cir Katni, Jabalpur

In the result, the assessee’s appeal is allowed

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

…supra)(see para 3.1 of this order), is of little consequence in view of the limited scope of an adjustment u/s. 143(1)(a), law on which is well-settled, as by the decisions in CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP); CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP). We are conscious that there has been an amendment in law, so that with effect from 01/4/2017 an adjustment u/s. 143(1)(a) could be made on the basis of the audit report. So, however, our decision in the instant case, as would be apparent from the foregoing, is based on the conflict of judicial opinion in the matter, duly noted in the Explan…

Ultra Clean and Care Services Pvt. Ltd, Jabalpur vs. Asstt. Director of Income Tax CPC, Bangalore

In the result, the assessee’s appeal is allowed

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

…the limited scope of an of an adjustment u/s. 143(1)(a), law on which is well-settled, for which though reference may be made to, apart from the language of the provision, on CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP); CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP), to cite some, with the Explanatory Notes to the Provisions of the Finance Bill, 2021 itself admitting of a conflict of judicial opinion, explaining that to be the reason for effecting the amendments per the said Explanations. The only circumstance justifying the impugned additions is a decision/s by the Hon’ble jurisdictional High Court (al…

M/S A R Transport, Satna vs. Assistant Director of Income Tax, Ward 2 Satna.Central Processing Centre, Bangalore, Karnaataka

In the result, the assessee’s appeal is allowed

Bench: Sh. Sanjay Arora, Hon'Ble & Sh. Manomohan Das, Hon’Bleassessment Year: 2019-20 A R Transport, Assistant Director Of Income Vs. Tax, Central Processing Satna, (M.P.) Centre, Bangalore [Pan : Aayfa 6634L] (Appellant) (Respondent) Appellant By Written Submissions Respondent By Sh. Rajesh Kumar Gupta, Sr. Dr Date Of Hearing 07/04/2022 Date Of Pronouncement 07/04/2022

…in the matter is that the issue at hand is, in view of the several decisions to the contrary, debatable, and therefore could not have been made under section 143(1), even as clarified by the Hon’ble jurisdictional High Court in CIT v. Shikarchand Jain [2003] 263 ITR 221 (MP); CIT v. GEI Engineering Ltd. [2009] 310 ITR 112 (MP), as indeed by the Tribunal in Nikhil Mohine (supra). The Tribunals’ decision in Nikhil Mohine 3.2 The Revenue has, invoking section 2(24)(x) r/w s. 36(1)(va), added the Employees’ contribution to the Employee Provident Fund to the assessee’s returned income u/s. 143(1) as the same stood de…