Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (8) TMI 959 - ITAT RAIPURRectification u/s 154 - Addition u/s. 69 - AO observed that though the tax on the assessed income was to be computed as per the special tax rate of 30% as contemplated u/s. 115BBE the same inadvertently remained omitted to be done and was calculated as per the standard rates - HELD THAT:- If the assessee's quantum appeal is decided in his favor at any stage, then the order passed by the A.O u/s. 154 of the Act as upheld by the CIT(Appeals) would fall to the ground and be rendered redundant. On the other hand, if the quantum appeal is decided against the assessee, then the order passed by the CIT(Appeals) confirming the A.O’s order u/s. 154 of the Act would hold the ground. To sum up, we are unable to comprehend as to on what basis the disposing of the assessee’s appeal against the order passed u/s. 154 of the Act by the CIT(Appeals) would prejudice the interest of the assessee. Thus, in terms of our observation above, finding no infirmity in disposing of the assessee’s appeal against the order passed u/s. 154 by the CIT(Appeals), we uphold his order. Thus, the Ground of appeal No.1 raised by the assessee is dismissed in terms of our observations above. Apropos, the contention of the Ld. AR that the A.O. had grossly erred in issuing notice u/s. 154 of the Act after seeking approval of the Addl. CIT, Range-Korba, we find no substance in the same. On a specific query by the Bench about restriction placed upon an A.O. in seeking instruction/guidelines from the Addl. CIT either at the initiation stage or while passing an order u/s 154 of the Act, the Ld. AR failed to come forth with any reply. On a perusal of Section 154 of the Act, it transpires that the same therein contemplates that the income tax authority referred to in Section 116 may, to rectify any mistake apparent from the record, inter alia, amend any order passed by it under the provision of the Act. Nothing is discernible therefrom, which jeopardizes the power of the A.O. in rectifying mistakes apparent from the record after seeking any instruction/guidance from a superior authority. As the contention of the Ld. AR is devoid and bereft of any force of law; therefore, the same is dismissed. Thus, the Ground of appeal No.2 raised by the assessee is dismissed in terms of our observations above.
|