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Case Law Details

Case Name : Anandji Kalyanji Vs ACIT (ITAT Jodhpur)
Appeal Number : I.T.A. No. 38/Jodh/2023
Date of Judgement/Order : 12/10/2023
Related Assessment Year : 2013-14
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Anandji Kalyanji Vs ACIT (ITAT Jodhpur)

The case of Anandji Kalyanji vs. ACIT was heard by the Income Tax Appellate Tribunal (ITAT) Jodhpur, and it concerns the application of Section 154 of the Income Tax Act, 1961, which allows for the rectification of mistakes in income tax assessments. Here’s a summary of the case:

Background: The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals) National Faceless Appeal Centre (NFAC), Delhi, dated 27.12.2023, for the Assessment Year 2013-14. The appeal challenged the decision of the Commissioner (Appeals) in confirming the finding of the Assessing Officer (AO) under Section 154 of the Income Tax Act, holding that there was no apparent mistake from the record.

Assessee’s Claim: The assessee contended that during the assessment proceedings, the AO computed the turnover of the assessee by totaling the credit side of cash receipts as per the cash book. However, the assessee argued that not all cash receipts constituted business turnover, and this was a mistake apparent from the record that should have been rectified under Section 154. The appellant also claimed that the Commissioner (Appeals) ignored their submissions and upheld the AO’s order rejecting their Section 154 application.

AO’s Response: The AO supported the impugned order.

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