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Tax Publishers

Shakti Malt (P) Ltd. v. ITO [ITA No. 172/Jp/2019, dt. 13-10-2020] : 2020 TaxPub(DT) 4248 (Jp.-Trib.)

Rectification of order route used for sustaining additions post scrutiny assessment -- Validity

Facts:

Assessee was subject to a scrutiny assessment where certain interest was allowed. Subsequently arising out of an audit objection the assessing officer proposed to disallow certain interest citing these were not used for the purpose of business by invoking rectification route under section 154. The same was upheld by Commissioner (Appeals). On higher appeal -

Held in favour of the assessee that debatable issue of interest allowability that too after a scrutiny assessment cannot be disallowed using rectification route under section 154.

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