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Sec. 154 of Income-tax Act, 1961— Rectification of Mistake — Order of CIT(A) was set aside and matter was restored to the file of AO as assessee was not provided with the adequate opportunity to present its case.
Facts: The revenue is aggrieved by the decision of learned CIT(A) in holding that the additions made by the AO in the rectification order passed under s. 154 of the Act is debatable in nature and accordingly deleting the additions.
Held, that this issue requires fresh examination at the end of the AO for the reason that the assessee was not provided with adequate opportunity to present its case before the AO and the assessee also pleads for one opportunity to furnish break-up details of items included under the heads "Plant and Machinery-General" and "Plant and Machinery-Office". Accordingly, the order passed by learned CIT(A) was set aside and restored to the file of the AO for examining it afresh. - JT. CIT V/s MSOURCE (INDIA) PVT. LTD. -  26 ITCD Online 091 (ITAT-BANGALORE)