PCIT v. Setco Automotive Ltd. (2024)471 ITR 247 /161 taxmann.com 254 (Guj) (HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Book profit-Surrender of income-Surrendered income is not included in the book profit-Not a patent error-Rectification is not justified. [S.115JB, 133A]

Assessing Officer passed an order under section 154 and added surrendered amount in book profit. Tribunal held that amount included in book profit of assessee on basis of voluntary disclosure made during course of survey under section 133A, was not supported by any incriminating material found during course of survey, and therefore, it could not have been considered as a mistake apparent on record under section  154 of the Act. On appeal by the Revenue, High Court affirmed the order of the Tribunal. (AY. 2011-12)

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