Tribunal held that overlooking the mandatory provision of law in the original assessment was an apparent mistake of law rectifiable under section 154 of the Act. On merit, the matter was to be restored to the file of the Assessing Officer for decision afresh after giving reasonable opportunity to the assessee to consider whether the case fell under rule 6DD. (AY. 2013-14)
Shiv Shakti Traders v. ACIT (2022) 195 ITD 292 (Delhi)(Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record-Audit objection-Payment made for purchasing trading goods-Violation of section 40A(3)-Rectification order is valid-Merit matter remanded. [S. 40A(3), R. 6DD]