TMI Blog2003 (4) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals relates to the rectification under section 154 of the Income-tax Act, 1961, which the Assessing Officer made after passing the order under section 143(3) on account of depreciation. 4. The facts of the case, in brief, are that the Assessing Officer passed the order under section 154 dated 16-12-1998 for each year i.e. assessment years 1992-93 and 1993-94. The assessee originally had been assessed by the Assessing Officer vide order dated 23-2-1995 when the depreciation on trucks which were public carriers was claimed by the assessee at 40%. The assessment was framed under section 143(3) of the Act. During the assessment proceedings, the Assessing Officer sought the explanation of the assessee as to why the claim of the deprec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e because the depreciation had been allowed by the Assessing Officer at a higher rate, as such the present Assessing Officer was justified in reducing the same by rectified order of his predecessor under section 154 of the Act. 8. We have heard both the parties at length and have carefully gone through the material available on record. In the present case, it is not in dispute that the assessee claimed a higher rate of depreciation i.e. at the rate of 40% on the trucks. The issue was elaborately dealt by the Assessing Officer during the assessment proceedings who allowed the depreciation at the rate of 40% on vehicles after considering detailed explanation given by the assessee. The explanation of the assessee before the Assessing O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the objections raised by the assessee were entertained and after considering the explanation, the Assessing Officer allowed the depreciation to the assessee at a higher rate. However, the successor Assessing Officer initiated the rectification proceedings by issuing notice under section 154. The objections were raised by the assessee against initiation of said rectification proceedings on the ground that the same were not in accordance with the provisions of law since review/revision of his own order by the Assessing Officer was not permissible under the garb of rectification. It is well settled that the power to rectify an order under section 154 is related to the apparent mistake, which is available on record, however, the powers under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supra ) is squarely applicable to the facts of the present case. In the instant case, it is relevant to point out that all the facts of the case were clearly stated at the time of original assessment before the Assessing Officer who by applying his mind allowed the claim of the assessee while framing the assessment under section 143(3) of the Act. Now the successor Assessing Officer by changing his opinion reviewed the order passed by his predecessor and rectified the original assessment under section 154, which is not permissible as per law. Since the law does not permit to review an order, which has already been passed by considering the facts of a case. It is well settled law that a power to rectify a mistake does not include a power to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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