Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (1) TMI 121 - AT - Income TaxRectification of mistake u/s 254 - Scope of assessment u/s 153 A/ 153C - HELD THAT:- In the present case, originally, the issue was decided by the Tribunal by dismissing the appeals of the Revenue on the reason that the addition in pursuance to notice issued u/s. 153A of the I.T. Act can be made only if incriminating material is found and seized in case where there is also abatement of regular assessment proceedings Revenue has not at all raised the constitutional validity of the assessment proceedings u/s. 153A of the I.T. Act or provisions of other sections namely, 139, 142, 148, 151 and 153 of the I.T. Act before the Tribunal in the first round of litigation.This Tribunal is not a competent authority to decide the constitutional validity of any provisions of the Income Tax Act and it cannot be said that the Department’s case falls under the exceptions provided in CBDT Circular No.3/2018 dated 11/07/2018. Hence, in our humble opinion, there is no mistake apparent from record in the order of the Tribunal dated 26/06/2019 so as to recall the order u/s. 254(2) of the I.T. Act.
|