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2015 (5) TMI 937 - HC - Income TaxRevision u/s 263 - CIT was of the view that Assessing Officer erred in addition of alleged suppressed business profit aggregating to ₹ 11 crores - Assessing Officer erred in disallowing the alleged cost of production claimed - ITAT quashed revision order - Held that:- We do not find that the Tribunal erred in holding that clause (c) of the Explanation to subsection (1) of section 263 cannot be applied. In the present case, that has no application because the matters which have been considered and decided in the Appeal by the first appellate authority are being made subject matter of the revisional authority's order. In other words, the power to revise, as conferred by section 263, is sought to be exercised so as to deal with the same matters which have been considered and decided in the Appeal. We do not find any merit in Mr. Mohanty's submission because detailed references have been made in the foregoing paragraphs to the case of the Assessee before the Assessing Officer, his initial order, the order of the first appellate authority, the direction issued by the first appellate authority and which was given effect to by the Assessing Officer. All these would denote that something which was very much part and parcel of the appellate authority's order and dealt with extensively therein is now sought to be revised and revisited. We fully agree with the Tribunal when it concluded in para 14 that it is evident from the order of the Commissioner (Appeals) that the claim of cost of production of film was a subject matter of Appeal before him and after consideration of remand report of the Assessing Officer he gave his findings. Therefore, this order of the Assessing Officer dated 31st December, 2009 undisputedly had merged with the order of the first appellate authority dated 12th October, 2011 as far as the claim of cost of production of the film is concerned. Similarly, the other argument that applicability of Rule 9A has not been considered by the Commissioner, the Tribunal in para 15 found that this was also very much before the authorities and hence, even in relation thereto, it cannot be said that the Assessing Officer at the time of making the assessment order did not consider the applicability of Rule 9A vis a vis the claim of the Assessee on the aspect of cost of production of the film. - Decided against revenue.
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