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Error in Giving Effect Order for ITAT Order

335 views 1 replies

vairav

38 Points Joined July 2009

Dear All,

The ITAT has disallowed a business expenditure.

While giving effect to the ITAT order, AO has classified the same as Income From Other Sources.

To make the correction i believe section 154 can be interpreted. If so, what will be next stage if the AO do not accept?

Is there any other interpretation or justification possible?!

Thanks in Advance!

Replies (1)

Karthik.V.Kulkarni

Chartered Accountant

594 Points Joined December 2012

Order giving effect to tribunal cannot go over and above what is stated in tribunals order. So kindly check what the tribunal order says and confirm the same. If business expense is disallowed it cannot be treated as income. There might be some issue in tribunal order which is being overlooked. Kindly recheck.